Lawyers can improve presentations at client industry meetings aimed getting hired

1. Anatomy of a
Presentation
How to Get the
Opportunity and Give
One That Will Get You
Business
Cordell M. Parvin
http://www.cordellparvin.com
1

2. Opportunity
Why is giving a
presentation to a
group of potential
clients from your
target market such a
great opportunity?
2

3. Potential Topics
Contact Administration
Ethics and Compliance after
Enron and WorldCom
Negotiation for Contractors
3

4. Your Presentation
As a Story or Stories 4

5. Your Presentation
Structure 5

6. Your Presentation
Engaging the Audience 6

7. Your Presentation
Opening 7

8. Your Presentation
Ending 8

9. Your Presentation
Follow Up 9

10. Highway Construction
Fraud Awareness
July 10, 2008
Cordell M. Parvin
www.cordellparvin.com

11. OIG is now investigating 42 cases in
17 states and territories for DBE fraud.
The six-year probe has resulted in 40
indictments, 29 convictions and 10.7
million in fines.
“There is out-right fraud in surface
transportation contracts and there are
problems with airport concessions,”
says David Barnes, OIG spokesman.
April 12, 2004

13. What You Need to Know
What We Will Cover Today
• Antitrust
• DBE Fraud
• False Claims

14. Is This Bid Rigging?
Case Study 1
Contractor A, B and C met at a
Roadbuilders meeting. They discuss an
upcoming project and agree its
Contractor A’s turn to be low bidder.

15. What You Need to Know - DBE Program
Types of DBE Fraud
• Front or Sham DBEs – False
representation of ownership or control
• Pass-Through or Conduit DBEs – Prime
contractor represents DBE performed
work it did not perform
• False Eligibility – False representation of
eligibility to be DBE

16. Preventing DBE Fraud
John W. Long
Special Agent-in-Charge
DOT Inspector General
Atlanta Regional Office

17. Is This Permissible?
DBE Case Study 1
A DBE asks that you make advance
payments each week to give it enough
money to cover payroll. Is that ok to do?

18. Problems with the DBE Regulations
Independence and Control §26.71
Counting DBE Participation §26.55

19. Problems with the DBE Regulations
Independence and control
§26.71
(b)(1) In determining . . . DBE is an
independent business, . . . “scrutinize”
relationships with non-DBE non-DBE firms,
in . . . Personnel, facilities, equipment financial
and/or bonding support, and other resources.

20. Problems with the DBE Regulations
Compare independence
with Good Faith Efforts
Pt. 26. App. A
Prime contractors are
directed to:
F. Make efforts to assist interested DBEs in obtaining
bonding, lines of credit, or insurance . . .
G. Make efforts to assist interested DBEs in obtaining
necessary equipment, supplies, materials, or related
assistance or services.

21. Is This A False Claim ?
Case Study 1 - False Claims
Contractor A submits a claim for $1 million,
knowing that its increased cost is
approximately $500,000 and expecting the
DOT to pay 1/2 the amount claimed.

22. What Every Contractor
Should Know
About Code of Ethics
08/18/08 12:35

23. H. Antitrust Policy
1. Price Fixing
2. Bid Rigging
3. Market Division
D. Claims

24. What You Need to Do to Protect Your Company
Ethics and Compliance
Program
– Manuals
– Training
– Monitoring

25. What You Need to Do to Protect Your Company
What Areas?
• General Business Conduct
• Claims
• Antitrust
• Safety/OSHA
• DBE
• Conflicts of Interest
• Environmental

26. Anatomy of a
Presentation
How to Get the
Opportunity and Give
One That Will Get You
Business
Cordell M. Parvin
http://www.cordellparvin.com
26