Panel Three: Legal Issues in Public Procurement and Contracting

Jan Walden, retired Assistant Executive of Diversity Programs for NJ Transit Corporation, is a veteran small business development professional, and has extensive experience in establishing and managing diversified procurement programs. With her comprehensive knowledge of transportation, federal and state regulations, Ms. Walden provides a bridge between primes and sub-consultants to identify, certify, and mentor small business firms to ensure a general expansion in business opportunities. Jan Walden, currently an Executive at McKissack & McKissack the oldest minority-owned professional design and construction firm in the United States. A family-owned business for more than 100 years, McKissack’s vision is to continue to be a leader of one of the largest minority owned businesses in the construction industry as it relates to planning, design, and construction. Mckissack provides a wide range of services to a variety of government agencies, municipalities, private instructions, industries, designers and developers, and attributes its longevity and success to the talented, service-oriented professionals.  Ms. Walden’s vase knowledge of Minority Business Programs adds to McKissack’s main strengths, and to the CMC’s team as Project Manager.

Franklin M. Lee is a partner in the Baltimore-based law firm of Tydings & Rosenberg LLP. Prior to entering private practice in 2002, he served sixteen years as Chief Counsel for the Minority Business Enterprise Legal Defense & Education Fund, Inc. (“MBELDEF”),  a national non-profit public interest law firm founded by Maryland Congressman Parren J. Mitchell to defend the class interests of the minority business community.  As Chief Counsel of MBELDEF, Mr. Lee was directly involved in the preparation of pleadings and briefs in Supreme Court cases in opposition to constitutional challenges to minority business programs.   These high profile court cases included J.A. Croson v. City of Richmond, Adarand Constructors, Inc. v. Pena, and Adarand Constructors, Inc. v. Mineta. More recently, his duties have included providing state and local governments with MBE program litigation defense, policy review, and policy development services to bring minority business programs into compliance with the law, and to implement innovative strategies for enhancing the growth trajectory and competitive viability of minority-owned businesses.  Mr. Lee is a national authority on commercial nondiscrimination and MBE policies and has authored such legislation for several local governments including the Palm Beach County School District and the cities of Baltimore; San Diego; San Antonio; Columbia, SC; and Charlotte, NC.  Most recently, his legislation was enacted by the State of Maryland making it the first state in the nation to adopt a commercial nondiscrimination policy.  In addition, from 1980 through 1986, Mr. Lee served as a general antitrust litigation attorney for the Federal Trade Commission.  He has also served on the Governor’s Commission for MBE Reform and three other Maryland Legislative Task Forces on Centralized Bidder Registration, Lending Equity, and MBE Program and Investment Equity Capital. Mr. Lee holds an undergraduate degree from the University of Chicago and a Juris Doctorate from the University Of Maryland School Of Law.

Daniel E. Muse practices in the areas of administrative and government law, commercial transactions, arbitration and mediation, urban redevelopment and civil litigation. Mr. Muse was the City Attorney for the City and County of Denver from September 1, 1991 until February 1, 2000. In that capacity, he was responsible for supervising a law office of 94 attorneys and a total staff of 216 employees and for providing all legal services including contracts, tax, land use, tort defense, personnel and prosecution for the City and County of Denver. He was Lead Trial Counsel and primary legal strategist in the defense of Denver's Affirmative Action Program in the case of Concrete Works vs. City and County of Denver, 321 F.3d 950 (2003) cert denied 124 S. Ct. 556. He was Lead Attorney in all major negotiations regarding Denver International Airport, Lowry Landfill, School Desegregation, Denver Broncos and Denver Nuggets and was responsible for initiation of all lawsuits by the City and any settlement of suits against the City. As Denver City Attorney he was responsible for management of the City Workers' Compensation and Risk Management Programs with funded risk reserves in excess of $20 million, as well as for administration of all City Asset Recovery activities, regularly generating up to $10 million in annual revenues. He negotiated Denver International Airport's 30-year Use and Lease Agreement with United Airlines; successfully settled the Lowry Landfill Superfund case and obtained dismissal of SEC Enforcement Action and SEC Class Action lawsuits against City. In addition, he represented all elected and appointed Officers of the City; supervised all administrative functions for City Attorney's Office, including hiring, discipline and management of a $10 million General Fund Budget.

Sarah C. von der Lippe has been a solo practitioner civil rights lawyer in Washington, D.C. since 1995.  Her practice has focused primarily on affirmative action law, especially in the area of government contracting and the transportation industry.  Her clients have included the US DOT, the FAA, state and local government entities, and various civil rights groups.  In  2004 she also served as the Director of Justice Policy for Senator John Kerry’s presidential campaign. Prior to going into private solo practice, Ms. von der Lippe counts herself fortunate to have held a number of wonderful jobs including:  Legislative Assistant for Domestic Poverty Issues to Chairman Edward M. Kennedy on the U.S. Senate Committee on Labor and Human Resources (now the HELP Committee); Warren Weaver Fellow at the Rockefeller Foundation; Summer Law Clerk, NAACP Legal Defense and Education Fund; Summer Associate, Crowell and Moring; and Legislative Policy Consultant for Kids Project.  Ms. von der Lippe graduated from Stanford University and Harvard Law School and clerked for the Honorable Raymond L. Finch, U.S. Federal District Court for the United States Virgin Islands, Division of St. Croix.

See Ms. von der Lippe's presentation (PDF)