J. William Eshelman, Esq.

Professional Experience

Bill Eshelman is a Partner in FRB’s Corporate & Securities Practice Group, expanding our government contracts and regulatory and compliance practices. Bill Eshelman comes from a family of generational legal and military service (from the American Revolution to Vietnam), as well as an “Academic Family”. He is the third generation actively involved in institutions of higher education. Most recently, he has concentrated his professional and academic efforts in the area of Business Ethics, generally consequent to his experience in advising and representing businesses (at all levels of the Supply Chain), on the full range of business relationships including compliance programs, related trade regulation and licensing, controlled information, performance and cost accounting-related issues in government, construction and commercial contract contexts and related litigation. In those connections, and in addition to writing and teaching, he routinely:

• Represents companies seeking government contracts in Bid Protests at the Government Accountability Office and Court of Federal Claims,
• Represents contractors before the Boards of Contract Appeals, the Court of Federal Claims, the Court of Appeals for the Federal Circuit, various U.S. District Courts, state courts and administrative agencies,
• Assists with proposal preparation, warranty issues, exercise of options, negotiation of contracts, contract adjustments, equitable adjustments, and modifications involving defense, aerospace in construction, supply and research contexts,
• Counsels and represents clients in connection with both Criminal and Civil aspects of the False Claims Act,
• Counsels on compliance with the Government Accounting Standards,
• Is extensively involved in promoting and participating in arbitration and ADR,
• Provides insight into Department of Defense matters, utilizing his experience as a retired member of the U.S. Air Force Reserves (Lieutenant Colonel, Department of the Judge Advocate General),
• Trade Regulation and Licensing, both Dual Use and Munitions List Commodities,
• Conflicts of interest (individual and organizational) Compliance Programs,
• Business Ethics, generally,
• Internal Investigations and Voluntary Disclosures, and
• Counsels and represents clients in connection with Suspension and Debarment matters.

His practice spans the Commercial, Government, Construction, and Technology Industries and Trade Regulation, in which he assists with:

• Hart-Scott-Rodino filings and review and related matters,
• Work to resolve issues before they necessitate claims and litigation,
• Involving specialized colleagues in collaborating with Congressional Staff on legislative issues affecting government contractors where necessary,
• Assisting international companies (European, Asian, and in Oceana) doing business with the United States government and U.S. companies in dealings with foreign governments, particularly where apparently conflicting Ethical Compliance requirements are implicated,
• Recently represented a specialty trade contractor in an equitable adjustment claim before Court of Federal Claims involving significant loss of efficiency and increased field overhead for construction of NASA Space Station Processing Facility.
• Represented systems and integration contractor on the Space Station Program in a $90 million bad faith termination for convenience claim,
• Represented defense contractor on a major weapons system program to reverse deductions to target cost and target price where Government had canceled certain line items of contract after work was performed,
• Represented a precision welding equipment manufacturer in an arbitration involving defective specification and changes claims on construction of electron beam particle vapor deposition machine under a grant in a Navy program,
• Represented computer software company in bid protest involving a nationwide enterprise management system,
• Represented companies in voluntary disclosures and internal investigations,
• Represented companies relative to Corporate Compliance Programs and related policies,
• Represented publicly traded company in regard to a major present responsibility determination,
• Represented companies regarding Export Administration and Munitions List matters, including Technical Assistance Agreements.