Michael Mutek brings a wealth of practical knowledge and experience in government contracts, intelligence, and national security law. His practice spans the areas of government contracts, compliance and ethics, bid protests, claims, internal investigations and disclosures, formation and dissolution of teaming agreements, and dispute resolution. Additionally, Michael counsels clients on matters related to the intelligence community and national security issues.
Michael has served as an expert witness on government contracts matters and as an arbitrator and mediator in prime contractor – subcontractor disputes. A frequent speaker on government contracts and corporate law topics, he has testified before Congress several times on government acquisition issues. In addition, Michael has authored several publications including Contractor Team Arrangements: Competitive Solution or Legal Liability, published by the American Bar Association, and chaired the ABA’s Service Contracting Best Practices Task Force, which published Services Contracting Best Practice: A Guide to Successful Services Contracting, which he edited.
Prior to joining the firm, Michael served as General Counsel, Defense for Aerojet Rocketdyne as well as Vice President and General Counsel of Raytheon Intelligence, Information and Services. Early in his career, he served as Senior Trial Attorney on the Air Force’s contracts appeals trial team.
Professional and Civic Engagement
- Former Member of the American Bar Association Board of Governors
- Past Chair, ABA Section of Public Contract Law
- Life Fellow, ABA Section of Public Contract Law
- Member of the ABA House of Delegates
- Director, Procurement Round Table
- Chair, University of Dayton School of Law Advisory Council
- Life Fellow, American Bar Foundation
Thought Leadership
Publications
- Author “Close Enough for Government Work: The Economic Utility of Teaming Agreements and the Issue of Enforceability,” Public Contract Law Journal, Vol. 49, No. 3, Spring 2020
- Co-author with Fred Geldon and John Aylmer “Supply Chain Management & Compliance,” Briefing Papers, No. 15-13, December 2015
- Author “Government Concerns Over Contractor Team Formation: Is the Message Consistent,” The Procurement Lawyer, Vol. 40, No. 2, Winter 2005
- Author “Achieving Success in a Public to Private Transition Under OMB Circular A-76,” The Journal of Air Traffic Control, July – September 2003
- Co-author with Prof. Paul Fiorelli “The Coalition for Ethics and Compliance Initiatives: Renewed Advocacy for Employee Confidentiality and Self-Evaluative Privilege,” The Procurement Lawyer, Vol. 36, No. 2, Winter 2001
- Author “Implementation of Public-Private Partnering,” Public Contact Law Journal, Vol.30, No. 4, Summer 2001
- Author “Teaming Agreements Present Opportunities and Challenges,” Contract Management, March 2001
Speaking Engagements
- “Supply Chain Management and Compliance Risks,” American Bar Association Federal Procurement Institute, March 2024
- “The Brave New World of M&A – A Local Case Study,” Federal Bar Association Annual Labor and Acquisition Symposium, December 2023
- “The Business Imperative: Identify and Mitigate Conflicts,” Federal Bar Association Annual Labor and Acquisition Symposium, December 2021
- “An Unenforceable Teaming Agreement can be a Valid Teaming Agreement,” National Defense Industrial Association, Lone Star Chapter, June 2021
- “Do We Have a Valid FAR Team Arrangement if Our Agreement Could be Unenforceable,” Corporate Counsel Conference, Huntsville, May 2021
- “Ensuring the Future is Made in American by All of America’s Workers – The Executive Order,” American Bar Association, Public Contract Law Section, May 2021
- “Can an Unenforceable Teaming Agreement be a Valid FAR Team Arrangement,” Public Contract Law Section, February 2020
- “Is Teaming Dead?,” National Contract Management Association, San Fernando Valley Chapter, October 2019
- “Team Arrangements: Still Important Despite Enforceability Issues,” American Bar Association Federal Procurement Institute, March 2019
- “Do the Benefits Justify the Costs? Let’s Discuss Regulations,” Federal Bar Association Annual Labor and Acquisition Symposium, December 2018
- “Yes, Virginia, there is an Enforceable Teaming Agreement,” Public Contract Law Section, Subcontracting, Teaming, and Strategic Alliances Committee, December 2018
- “Buy America Developments – Impact on Subcontract Management,” The Subcontract Management Institute Webinar, May 2018
- “The United States Defense Industry: Innovation, Acquisition, and Analysis,” Keynote Speaker, Texas A&M Law School Symposium on Government Contracts, Fort Worth, February 2018
- “Protecting the Supply Chain,” USGIF Geospatial and Remote Sensing Law Group Workshop, December 2017
- “New Rules on Conflict of Interest: Game Changer or Wrapped in a Different Package,” Board of Contract Appeals Bar Association, October 2011
- “OCI Guidance for Government and Industry,” American Bar Association Federal Procurement Institute, March 2011
- “Corporate Legal Trends,” J. Rueben Clark Law Society Annual Conference, SMU, 2011
- “Organizational Conflicts of Interest and Personal Conflicts of Interest,” National Contract Management Conference Annual Government Contract Management Conference, November 2008
- “Mandatory Cooperation: A Contradiction in Terms,” BCA Judges Association Annual Seminar, April 2008
- “A Reason Why the U.S. Can’t be Just a Commercial Contractor,” Federal Circuit Bar Association Bench and Bar Conference 2007
- “Small Business Data Rights,” Small Business Technology Council, September 2006
- “Asserting the Legal Privilege in a Corporate Setting that is Often Multi-jurisdictional, Increasing Global, and Electronically Interconnected,” Western Briefing Conference on Government Contracts, October 2001
- “The Case for Public-Private Partnering,” American Bar Association Annual Meeting, August 2001
- “Cooperation and Competition in a Time of Consolidation,” Western Briefing Conference on Government Contracts, October 1998
