In the procurement area, Mr. Mishkin has represented governmental and private entities in procurement design and implementation, including development of requests for proposals, proposal evaluation, contract negotiations and drafting, bid protests, and construction claims at the federal and state levels. He has a broad range of experience with the Federal Acquisition Regulations and procurement practices under the General Services Administration's Federal Supply Schedules. He extensively counsels a major public housing authority regarding a wide range of public procurement issues, including reviews of solicitation documents and contracts, resolution of disputes and claims by contractors and compliance with the procurement requirements of the U.S. Department of Housing and Urban Development ( HUD ), and the American Recovery and reinvestment Act ( ARRA ).
Mr. Mishkin's work in the environmental area includes extensive experience relating to transactional and regulatory matters, including those relating to environmentally sensitive projects and pollution control facilities; wastewater treatment and solid waste disposal issues; permitting and procurement of alternative energy projects, such as waste-to-energy and cogeneration facilities; privatization of government environmental services and facilities; and remediation of contaminated property. He served a two-year term as a member of the American Bar Association's Standing Committee on Environmental Law.
His environmental transaction practice has encompassed numerous acquisitions, dispositions, leasing, and financing of businesses and real estate, including over 50 transactions on behalf of the Resolution Trust Corporation (now the Federal Deposit Insurance Corporation) relating to the disposition of environmentally distressed properties and loans. He has conducted environmental assessments and worked with federal and state authorities regarding remediation and property transfer restrictions. His practice also involves transactions implemented under state brownfields/voluntary clean-up programs as well as state programs requiring investigation and remediation in connection with the lease or sale of real property. He also has assisted in the implementation of transactions involving innovative approaches to remediation and development of contaminated properties.
In the wastewater treatment area, Mr. Mishkin's work has included counseling and litigation regarding major public wastewater treatment facilities that were subject to federal and state enforcement actions. His wastewater practice also has included regulatory and transactional issues relating to the privatization of and upgrades to federally grant funded wastewater treatment facilities.
His work in the solid waste area has involved counseling and litigation regarding permitting, environmental assessment, and procurement for essentially all types of solid waste facilities and projects, including landfills, transfer stations, recycling facilities, composting projects, waste-to-energy facilities, and waste transportation projects. This work also has included the full range of legal issues relating to the interstate transportation and disposal of solid waste, including counseling and litigation regarding waste flow control and import restrictions.
In the alternative energy area, Mr. Mishkin's practice has encompassed waste-to-energy, cogeneration, and independent power generation projects for governmental and private clients. His work in this area has included permitting, environmental assessment, procurement, power purchase and sale agreements, and litigation. He has worked with project developers, hosts, governmental service recipients, and vendors.
Mr. Mishkin's product safety practice includes product defect reporting, recall, jurisdictional, and civil penalty issues under the Consumer Product Safety Act. His work in this field has addressed a wide range of products, including the sporting goods, electronics, food preparation, and home improvement sectors. He has also addressed labeling and warranty issues for consumer products.
Mr. Mishkin is a 1975 graduate of Georgetown University Law Center and a graduate of Yale University.
•Duane Morris LLP
- Of Counsel, 2019-present
- Partner, 1999-2018
•Beveridge & Diamond, P.C., Washington, D.C.
- Principal, 1982-1999
•Beveridge, Fairbanks & Diamond, Washington, D.C.
- Associate, 1975-1982
Honors and Awards
•Listed in Washington, D.C., Super Lawyers, 2014 and 2015
•AV Preeminent Peer Review Rated by Martindale-Hubbell
•Co-author, What's Next for Teaming Agreements After Cyberlock? Duane Morris Alert, May 21, 2013
• Interim Rule Requiring Government Contractors' Compliance Records to Be Publicly Available on Federal Government's Contractor Performance and Integrity Information Website Is Revised and Now Final , Duane Morris Alert, January 31, 2012
• Split Vote by CPSC Signals That Tracking Labels Must Be Placed on Children's Products by August 14, 2009 , Duane Morris Alert, May 27, 2009
Selected Speaking Engagements
•Moderator, Financing and Clean-Up, Combating Terrorism in the Environmental Trenches, 30th National Spring Conference on the Environment sponsored by the American Bar Association's Standing Committee on Environmental Law, Washington, D.C., April 12, 2002
•American Bar Association
- Business Law Section
•Has written and lectured extensively on privatization and solid waste issues
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