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Joshua A. Mullen

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As a member of Baker Donelson's Government Enforcement and Investigations Group, Joshua Mullen concentrates his practice in government contracts and complex commercial litigation.

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Featured Experience

Assisted various clients with developing ethics and compliance programs tailored to government contractors, including the preparation of codes of business conduct and conducting ethics and compliance training to teach employees about various FAR and agency acquisition regulation requirements.

Represented clients in multiple bid protests before the Government Accountability Office (GAO), multiple state procurement departments, municipal governments, and in court.

Represented a client before the Armed Services Board of Contract Appeals (ASBCA) relating to an affirmative government claim, which resulted in the client achieving a six-figure reduction in costs under a contract.

Professional Biography

Overview

Josh Mullen counsels various state and federal government contractors with winning and complying with government contracts, and also assists clients in various industries with litigating complex commercial disputes.

Mr. Mullen's practice includes representing government contractors with company formation and structure decisions to ensure compliance with SBA and FAR regulations, government contract bid preparation, contract drafting and negotiation, bid protests, SBA size protests, contract management and compliance, contract disputes, and internal investigations, including the navigation of FAR mandatory disclosure obligations. He has advised multiple government contractors on a wide variety of federal, state, and local procurement regulations, including without limitation, contractors doing business with the Departments of Defense, Energy, Homeland Security, Interior, General Services Administration, Veterans Affairs, U.S. Army Corps of Engineers, Tennessee Valley Authority, and the Small Business Administration.

Mr. Mullen also is active in the Public Contract Law Section of the American Bar Association, where he currently serves as a vice-chair of the Small Business & Other Socioeconomic Programs Committee. He is a frequent presenter and author on various government contracts topics and has been recognized as a Mid-South Super Lawyers Rising Star since 2014.

In addition to his government contracts practice, Mr. Mullen also has extensive experience litigating to completion various complex commercial disputes.

Prior to joining Baker Donelson, Mr. Mullen served as a legislative assistant in Washington, D.C. to a United States Congressman, where he primarily advised on issues related to energy policy and health care. Mr. Mullen also worked as an information systems and business process consultant for a multinational business consulting, accounting, and auditing firm. Mr. Mullen's diverse experiences in policy and government contracts, business consulting, and complex litigation provide him with a broad skillset and a unique ability to understand and meet clients' diverse business and legal needs.

Representative Matters
  • Representative Government Contract Matters

  • Represented a government contract client with negotiating and drafting a mentor-protégé agreement and a joint venture agreement under the SBA All Small Mentor-Protégé program that ultimately resulted in the joint venture becoming one of 20 firms to receive an award under an ID/IQ contract that will provide total task order awards exceeding $13 billion over a ten year period.

  • Advised GSA Federal Supply Schedule contractors on compliance with the commercial sales practices disclosure requirements and price reduction clause requirements of their GSA contracts.

  • Assisted various clients with developing ethics and compliance programs tailored to government contractors, including the preparation of codes of business conduct and conducting ethics and compliance training to teach employees about various FAR and agency acquisition regulation requirements.

  • Counseled federal contractors about mandatory disclosure obligations under FAR 52.203-13, assisted with determining whether disclosure was required, and assisted with disclosures when required.

  • Advised various government contract clients in connection with SBA size regulations, including without limitation, the preparation of operating agreements or bylaws to comply with socioeconomic program requirements on ownership and control, SBA Mentor-Protégé agreements, joint ventures under the Mentor-Protégé program, and advice about SBA affiliation rules.

  • Prepared subcontract management policies and procedures for federal contractors, including the preparation of representation and certification forms and subcontract agreements to ensure proper monitoring and management of subcontractors.

  • Represented clients in multiple bid protests before the Government Accountability Office (GAO), multiple state procurement departments, municipal governments, and in court.

  • Served as the government contracts counsel for the negotiation of an asset sale on behalf of two sister pharmaceutical companies. The purchaser was a buyer affiliated with and funded by a Chinese entity.  Assets sold consisted of realty and personalty in Kentucky and Puerto Rico, and purchase price, including tax credits and earnouts, equaled $36 million. Representation involved the assignment of contracts with state and federal government agencies, the negotiation of a novation agreement and other assignment agreements, and other regulatory and compliance matters.

  • Represented various government contract clients with asset sales and acquisitions, including the negotiation of novation agreements and advice about business structure.

  • Drafted and negotiated several subcontracts and supply agreements under federal government prime contracts for prime contractor clients and subcontractor clients in various industries.

  • Represented a client before the Armed Services Board of Contract Appeals (ASBCA) relating to an affirmative government claim, which resulted in the client achieving a six-figure reduction in costs under a contract.

  • Representative Litigation Matters

  • Served as lead counsel in a bench trial versus a local major municipality related to significant property damage caused by the municipality, which the municipality denied. The trial resulted in a full judgment against the municipality in favor of our client for the entire amount of the claimed damage, plus court costs and interest.

  • Litigated several complex construction disputes related to defective workmanship, schedule-related claims, unlicensed contracting, and property damage.

  • Handled several insurance coverage disputes involving claims of bad faith, violations of the Tennessee Consumer Protection Act and breach of contract.
  • Briefed and argued a motion to dismiss as lead counsel in a commercial dispute, which resulted in the full dismissal of the Plaintiff's claims for misrepresentation and Tennessee Consumer Protection Act violations against a real estate sales company. Briefed and argued the same issues before the Tennessee Court of Appeals, resulting in the trial court judgment being affirmed.

  • Briefed and argued a motion to dismiss that resulted in the complete dismissal of nine separate counterclaims that were asserted against our client. The claims included, but were not limited to, fraud and misrepresentation, fraudulent and deceptive takeover of a corporation, and breach of contract.

  • Briefed and argued a Response to a Plaintiff's Motion to Amend that attempted to transform a first party insurance case into a major putative class action lawsuit that resulted in a denial of the Motion to Amend and a defeat of the Plaintiff's attempt to bring class action claims against the insurance company client.

  • Briefed and argued a motion for summary judgment defending an insurance company in relation to an insurance coverage dispute that resulted in a full dismissal of all of plaintiff's claims.

  • Served as lead counsel in various mediations, resulting on the positive resolution of various matters.

Professional Honors & Activities
  • Recognized as a Mid-South Super Lawyers Rising Star (2014 – 2019)
  • Selected as member of Tennessee Bar Association Leadership Law Class of 2017
  • Selected as a member of the inaugural class of the Nashville Bar Foundation Leadership Forum (2014 – 2015)
  • Member – Nashville, Tennessee and American Bar Associations 
  • Member – Williamson County Bar Association
  • Member – Federalist Society
  • Member – Republican National Lawyers Association
Civic Involvement
  • Stakeholder – Church of the City, Franklin, Tennessee
  • Williamson County Chamber Young Professionals Board (2014 – 2015)
  • Advisory Board Member – Young Jacksonian Society, The Hermitage, Home of President Andrew Jackson (2013 – 2015)
Publications
Speaking Engagements
  • "Self-Performance," NCMA East Tennessee Chapter Winter Workshop (January 2020)
  • Keynote Speaker – "Significant Recent FAR Updates and Expected Small Business Regulatory Changes," Energy Technology and Environmental Business Association (ETEBA) Membership Meeting, Knoxville, Tennessee (May 2019)
  • Panelist – "Another Day in the Life of a DOE Contractor Attorney – Managing Your Professional Ethics and the Ethical Obligations of Your Client," Department of Energy Contractor Attorneys' Association (DOECAA) 2019 Spring Conference, Washington, D.C. (May 2019)
  • "Significant Federal Acquisition Regulation Changes," NCMA Huntsville Chapter Membership Meeting, Huntsville, Alabama (April 2019)
  • "Legal Aspects of Being a Small Business in the Federal Marketplace," United States Army Corps of Engineers Small Business Industry Day (March 2019)
  • Panelist – "Lessons Learned from SBA's All Small Mentor-Protégé Program," ABA Public Contract Law Meetings (November 2018)
  • Co-presenter – "Government Contract Teaming Agreements," PTAC Construction Opportunities Conference , Nashville, Tennessee (October 2018)
  • "Joint Venturing for New Business Opportunities," Energy Technology and Environmental Business Association (ETEBA) Business Opportunities Conference, Knoxville, Tennessee (October 2018)
  • Keynote Speaker – "Ethics & Compliance Issues for Government Contractors," Energy Technology and Environmental Business Association (ETEBA) dinner, Knoxville, Tennessee (February 2018)
  • Co-presenter – "Defending Sinkhole Insurance Claims in Tennessee," TennBarU CLE webcast (February 2014)
  • "Legal Writing Never Gets Erased: Best Practices for Complaints, Answers, Motions, Responses and Appellate Briefs," TennBarU CLE program (March 2013)

Industries

Education

  • University of Tennessee College of Law, J.D., Order of the Coif
    • Student Materials Editor – University of Tennessee Law Review
    • Senior Commentary Editor – Transactions: The Tennessee Journal of Business Law
    • Recipient – 2007/2008 Judge Harry W. Laughlin, Jr. Best Case Note Award, University of Tennessee Law Review
    • University of Tennessee Baker Scholar; Howard H. Baker, Jr. Center for Public Policy
    • University of Tennessee College of Law Certificates of Academic Achievement: Constitutional Law, Evidence, Legal Process I, National Security Law, Pretrial Litigation
    • Recipient – CALI Awards for Academic Achievement: Constitutional Law, National Security Law, Pretrial Litigation
  • Taylor University, B.S., Business Information Systems, cum laude

Admissions

  • Tennessee 
  • District of Columbia 
  • Eastern District of Arkansas
  • U.S. District Court for the Eastern, Middle and Western Districts of Tennessee 
  • U.S. Court of Appeals for the Sixth Circuit 
  • U.S. Court of Appeals for the Eighth Circuit

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