Sheppard Mullin

Not every contract proceeds as planned. During performance of a Government contract you may discover that the Government furnished technical data package contains errors or ambiguities, Government furnished information or equipment was delivered late or doesn’t work, inspections were more rigorous than could have been reasonably expected, or that you encountered any number of other performance problems. Each problem likely caused delay and increased the cost of performance. Most of these kinds of problems are addressed administratively and resolved by the parties as they are discovered.

Sometimes the cause for delay and increased costs is not immediately recognized or known. On other occasions, the Government disagrees that a problem exists or that, if it exists, the problem is the responsibility of the Government. In these instances a "claim" must be pursued.

Sheppard Mullin attorneys have extensive experience in the identification, development, costing, negotiation, and, if necessary, litigation of claims. We have assisted in the preparation of claims for such diverse clients as shipbuilders, aircraft manufacturers, software developers, communication equipment suppliers, water filtration plant designers, and engineering/technical support contractors.

The Sheppard Mullin Difference

To identify, develop and negotiate a successful claim, the legal team you use must have certain fundamental capabilities. It must be well versed in applicable law. It must be knowledgeable of the requirements of the disputes process as well as the rights and obligations of the contracting parties under key clauses such as the Changes, Government Property, Inspection, Government Delay of Work, and Limitation of Cost or Funds clauses. In addition, your legal team must be well versed in damages calculations and FAR/CAS cost allowability/allocability issues.
 

• Our attorneys pride themselves in taking complex technical and factual scenarios and presenting them in a way that is easily understood - - by contracting officers, Government lawyers, and, if necessary a court or board.
• Claims are best settled rather than litigated and that is always our objective. If the Government (or any defendant) perceives, however, that you are not prepared to litigate or not comfortable litigating the claim, you will not receive "top dollar" in negotiations. Our lawyers are prepared and fully capable of litigating the claims we develop. Indeed, the claims are prepared in a way that renders litigation a natural next step rather than a new development that requires extensive additional work. Our lawyers are not strangers to litigation before the courts and boards. We try cases, if necessary, and do so vigorously and the Government is aware of those facts.
• Our lawyers strive to utilize client resources wherever that option makes sense. Those resources may be people - - to help develop facts or identify costs. The resources may be technical - - client developed computerized databases, intranet resources, video technologies. The client resource might be something as straightforward as copying or travel services. The utilization of client services not only saves cost, but often trains company personnel on the claims development process permitting future claims development to be handled, in many instances, in-house. As a result, the claims process adds value beyond whatever recovery may be obtained from the claim itself.

"As Sheppard Mullin continues to grow, it is important that we not lose sight of the need to recruit women, attorneys of color and others of diverse backgrounds."
-Guy Halgren, Chairman of the Executive Committee

At Sheppard Mullin, we make every effort to recruit the finest lawyers and nurture their talents. The firm recognizes the importance of diversity and the need to create a workplace of inclusion. We need ¿ and our clients demand ¿ a team of attorneys that is as diverse as our increasingly global client base. Achieving and maintaining diversity is key to great client service ¿ a core value of our firm. What distinguishes good intentions from results is a commitment by senior management to find the best attorneys possible coupled with the sincere belief that people with diverse backgrounds bring valuable attributes to the firm. At Sheppard Mullin, the Executive Committee, Diversity Committee, and the lawyers in each of our offices work hard to ensure that all attorneys who join our firm fit in seamlessly and are encouraged to succeed.

Members of our Diversity Committee include ethnically diverse attorneys and a representative from the firm's Executive Committee. Diversity Committee members have served on the Boards of the Anti-Defamation League, the Black Women Lawyers Foundation (Los Angeles), and the Charles Houston Bar Association (northern California). Women and minority attorneys participate on key committees of the Firm (Executive Committee; Compensation Committee; Diversity Committee; Recruiting Committee; Professional Personnel Committee; Associate Issues Committee). Four of the Firm's nine Office Administrative Partners are women, one of whom is African-American and another is multi-racial.

"Serving on the firm's Diversity Committee is one of the most important things I do. I firmly believe that we must be vigilant in our efforts to recruit talented women attorneys and attorneys of color. Our success in this area has a positive effect our firm's culture, practice and client relationships."
-Joan Story, Member Executive Committee and Diversity Committee

Below is a description of just some of our outreach efforts.

• The firm participates in and financially supports the California Minority Counsel Program and the ABA Minority Counsel Program, as well as several minority bar associations. These groups are dedicated to increasing access for and promoting and retaining minorities in the legal profession.
• The firm actively recruits law students of color, e.g., we participated in the National Black Law Students Association (NBLSA) of the Western Region job fair held at UCLA School of Law.
• Sheppard Mullin contributes to the Minority Corporate Counsel Association; California Women Lawyers; Queen's Bench; Black Women Lawyers Association of Los Angeles; and the National Black Law Students Association, among others.
• We actively participate with other major Los Angeles law firms in the Diversity Directors Roundtable, a group that is committed to promoting diversity in the legal profession and in our firms.
• The firm received the Law Firm Award from the Black Women Lawyers Association of Los Angeles Foundation for its strong commitment to the promotion of community and pro bono activities.
• Multicultural Law magazine named Sheppard, Mullin, Richter & Hampton LLP as one of "The 2011 Top 100 Law Firms for Diversity."
• Sheppard Mullin helped underwrite the production of a motion picture project entitled "Soul of Justice: The Life and Times of Thelton Henderson." The film chronicles the life of respected African-American jurist Thelton Henderson, a crusading civil rights litigator and role model.
• The firm signed the Bar Association of San Francisco's "No Glass Ceiling Initiative," BASF's "Minority Goals and Timetables," the New York County Lawyers' Association Diversity Statement, and the Los Angeles County Bar Association's Diversity Statement.

Much of our pro bono work relates to the diversity of the communities in which we practice; sample clients include:

• Constitutional Rights Foundation
• Domestic Violence Project, Los Angeles Bar Association
• Lawyers Committee for Civil Rights
• Task Force for the Women's Resource Fair, City of San Diego
• Tolerance Through Education Program, Beverly Hills Barristers Associations
• Violence Against Women Act Program, Legal Aid Foundation of Los Angeles

Awareness of diversity enables us to understand the value of differences. At Sheppard Mullin, we are committed to hiring top tier attorneys, without regard to race, ethnicity, gender or sexual orientation.