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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.

Featured Experience

Advised government contract clients regarding the negotiation of subcontracts, negotiation of payment disputes, the Federal Acquisition Regulations (FAR) and similar state and local regulations, and general advice regarding compliance issues.

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

Mr. Mullen focuses his practice on government contracts and complex commercial and business litigation.

Prior to joining Baker Donelson, Mr. Mullen served as a legislative assistant in Washington, D.C., to United States Congressman Marsha Blackburn (now Senator Blackburn), where he primarily advised on issues related to health care and energy policy. 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 provides him with a broad skillset and a unique ability to understand and meet clients' diverse business and legal needs.

Representative Matters
  • Advised government contract clients regarding the negotiation of subcontracts, negotiation of payment disputes, the Federal Acquisition Regulations (FAR) and similar state and local regulations, and general advice regarding compliance issues.

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

  • Advised government contract clients in connection with the Small Business Administration (SBA) size regulations, including without limitation, the preparation of SBA Mentor-Protégé agreements, joint ventures under the Mentor-Protégé program, and advice about SBA affiliation rules.

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

  • Advised government contract clients in the technology services area regarding negotiations of subcontracts, the FAR and similar state and local regulations, and general advice regarding compliance issues.

  • Performed government investigations related to FAR and regulatory compliance.

  • 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.

  • 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.

  • Briefed and argued a motion to dismiss that resulted in the complete dismissal of nine separate counterclaims that were asserted against 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 multiple motions to compel arbitration and managed discovery related to multiple pre-arbitration disputes related to the enforceability of arbitration agreements.
  • Advised government contract clients in connection with business structure and formation issues related to Small Business Administration (SBA) size regulations, the Small Business Innovation Research (SBIR) Program, and contract novations.

  • 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.

  • Handled several insurance coverage disputes involving claims of bad faith, violations of the Tennessee Consumer Protection Act and breach of contract.
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)
Speaking Engagements
  • 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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