Womble Bond Dickinson attorney Mike Mutek will be a guest speaker at the American Bar Association Public Contract Law Section’s Annual Fall Forum. The event takes place November 5-7 in Reston, Va.

Mutek will take part in a panel discussion on, “Mandatory Disclosures: The Rule Hasn't Changed but Contractor Obligations Have.”

Today’s disclosure obligations extend beyond traditional ethics and misconduct reporting due to an evolving web of disclosure obligations created by executive orders and new rules beyond the scope of the Mandatory Disclosure Rule. Panelists will explore how disclosure obligations extend beyond the Mandatory Disclosure Rule and include event disclosure triggered by cyber incidents, counterfeit parts, new DEI-related certification requirements, small business status recertification rules, and other developing compliance obligations that may create disclosure duties, increase False Claims Act exposure, and require contractors to reassess their internal compliance and escalation processes. The discussion will focus on practical approaches for identifying disclosure triggers, investigating potential violations, and navigating interactions with contracting agencies and enforcement authorities.

This session will help attendees:

  • Identify the mandatory disclosure obligations applicable to government contractors, including agency-specific reporting requirements, and certifications that may create disclosure obligations when inaccurate or incomplete.
  • Assess how recent executive orders and regulatory developments, including DEI-related certification requirements and cybersecurity certifications may expand contractor reporting, certification, and disclosure risks.
  • Evaluate emerging disclosure obligations arising from small business and socioeconomic program certifications, including SBA size and status recertification requirements and the consequences of inaccurate representations following mergers, acquisitions, and other corporate transactions.
  • Develop a practical compliance framework for assessing whether discovered violations trigger mandatory disclosure obligations and for managing the disclosure process effectively.

Mutek will be joined in the panel discussion by: IBM Executive Senior Counsel Taylor Brown, W.W. Grainger, Inc. Associate General Counsel Chris Krafchek, and Lewis Brisbois LLP Partner Tamara McNulty.