Michael B.
Green, Esq.
P.O. Box 2451 Seaford, N.Y. 11783
(516) 993-4357 MichaelGreenEsq@gmail.com
Admissions
All New
York State Courts; United States Supreme Court; 2nd Circuit Court of
Appeals; and the US District Court for the Southern and Eastern Districts of
New York
Contract Management and Legal
Experience
MAXIMUS, INC.,
New York, N.Y. (3/2009 – Present)
Director
of Contracts & In-House Attorney
Recruited
from Pencom to direct and manage all contract and
legal matters for its $55 million, 5-year contract with one of the largest New York
City Departments to create a customized information and compliance tracking
system. This company is a leading provider of consulting services and software
customization to governments, educational institutions, municipalities and
commercial enterprises with over 6000 employees in the United States, Canada,
the United Kingdom and Australia and annual revenues of more than $700 million.
This
system converts a multitude of existing legacy systems using non-conforming data
formats into a single new and more adaptable, streamlined, manageable and
upgradeable system with substantially more functionality, enhancements and
compliance reporting. This newly developed system databases, tracks, audits and
reports on an annual average of over 200,000 individuals for up to a 15-20 year
span each maintaining complex and extensive health, medical, education and financial
records that are unique for each individual and must be in compliance with evolving
state, federal and court mandated requirements.
The
system includes a subsystem to cost-effectively place each individual at one of
thousands of facilities applicable to such individual’s customized program across
all five boroughs and map out transportation patterns based on maximum
efficiency and cost mitigation. System also allows for scanning and OCR
processing of more than 300,000 documents per month initially and thereafter increasing
over time.
Authority
includes managing agreements between the company and client as well as between the
company and its subcontractors, staffing agencies, hardware and software
vendors and other suppliers. Autonomous signing authority on agreements up to
$100,000.
Tasked
with pro-actively ensuring no liquidated damages are assessed by the client, eliminating
risks and cost over-runs associated with out of scope requests and monitor
subvendor’s adherence to its contract obligations.
Key
adviser in project management processes including scope management,
deliverables acceptance, requirements capturing and change control. Serve as
Requirements Manager acting as a centralized hub interfacing with all project teams,
the client and third party independent verification and validation (IV&V).
Interface
with client, vendors and subcontractors regarding contract management with
focus on contract compliance for each entity, change order negotiation and management
and remaining diligent to ensure contract terms & conditions support
maximizing company business and profit goals while minimizing risks and costs and
in the case of subcontractors, further ensuring compliance with prime contract
flow-down requirements.
Prepare
contract correspondence for formal submission. Maintain complete and legally
compliant contract and subcontract records including change management negotiation
history and final acceptance documentation.
Work
closely with company financial directors to maintain budget boundaries, ensure
compliant invoice preparation and receipt of payments. Function as
cost-containment filter to mitigate costs, expenses and losses.
Cradle-to-grave
contracts development, negotiation, management and enforcement for other
company projects, including monitoring all contract requirements and
deliverables to ensure both company and each clients’ contractual requirements
are accomplished on time and on budget. Prepare, review, negotiate and
participate in awarding subcontract and vendor RFP’s.
Ensure
appropriate use and negotiation of Nondisclosure Agreements, Teaming
Agreements, Subcontracts, Licensing Agreements, Memorandum of Understanding and
all other agreements as required. Ensure proposals are prepared and revised in
accordance with corporate policy.
PENCOM SYSTEMS INCORPORATED, New York, N.Y. (1998 – 3/2009)
Director
of Contracts and General Counsel
Enjoyed progressively
increasing responsibility and oversight for the contract, procurement, business
and legal affairs of a 35 year old conglomerate of privately held and public
enterprises including computer consulting, contract programming, network and
systems administration and full time technical placement services as well as
software, web and Internet development, primarily in the U.S. and Canada.
Served as companywide cost
containment center rather than traditional cost center to maximize company’s
return on investment.
Guidance to parent and
affiliates as well as each respective board, management and staff concerning
all contract, commercial and residential lease, RFI/RFP,
intellectual property and software license issues.
Drafted, reviewed, negotiated
and enforced all contract issues focusing on protection of trade secrets,
copyright and trademark rights. Address UCC,
warranty, indemnity, liability, insurance and FAR, DFAR
and ITAR provisions.
Negotiated and settled
disputes involving client, employment, vendor and lease agreements, invoicing
and collections, intellectual property rights and insurance claims to maximize
the company’s net profits.
Developed and maintained
streamlined electronic contract tracking system which integrated all parties
involved in the contract process, including accounting, sales, legal, marketing
and management. This promoted efficient time and expense management by not only
standardizing transactions but also providing key issues and requirements in an
immediate and as needed basis to all departments in clear and concise language.
Counseled management on
human resources materials including drafting, revising and implementing
employee manuals and corporate policies, interview and termination of
employment procedures, FLSA, employee stock plans,
workplace conduct and misconduct, releases, settlements, non-compete and
non-solicitation issues, independent contractor/employee tax status issues and
reductions in force issues. Advised corporate executives on litigation matters
and tight management of outside counsel saving the company more than one
million dollars in demanding settlement negotiations and thorough oversight of
outside counsel fees.
Speaking Engagements
Speaker, Shareware Industry Conference, Rochester, NY
– “Effective Contract Negotiations” and “Selling and Licensing Source Code”
(July 15th, 2004).
Speaker, National Business Institute Continuing
Legal Education (CLE) Course – “Advanced Internet Research Strategies for the
Legal Professional” (August 19th, 2005 and August 18th,
2006).
Reported Works and Publications
Amicus Curiae Brief submitted to the U.S. Supreme
Court in U.S. v. American Library
Association (the Children’s Internet Protection Act “CIPA” case) (February 10th, 2003) 2003 WL
328799.
Amici Curiae Brief submitted to
the U.S. Supreme Court in ACLU v. Reno (the Internet Communications
Decency Act “CDA” case) (Feb. 17th, 1997)
1997 WL 74392.
“Bridging the
Analogy Gap: The Internet, The Printing Press & Freedom of Speech,”
Green, M. and Wallace, J., 20 SEAULR 711 (1997)
“Nameless in Cyberspace: Anonymity on the Internet,” Cato Institute Briefing Paper No. 54 (December 8th, 1999),
Green, M. and Wallace, J.
“The Specter of Pervasiveness: Pacifica, New
Media, and Freedom of Speech,” Cato Institute Briefing Paper No. 35
(February 12th, 1998), Green, M. and Wallace, J.
Education
HOFSTRA UNIVERSITY SCHOOL OF LAW, Uniondale, N.Y., J.D.,
1997
Publications:
“Fair Use
Doctrine of Copyright Law as Applied to the Internet,” The Ethical
Spectacle (March, 1996).
Research Assistant, Jonathan Wallace, Esq., Provided legal research and editing for:
Nationally published book, Sex, Laws &
Cyberspace (Henry Holt: 1996); and
“Extinguishing
the CDA Fire: The Supreme Court's Masterful Reno v.
ACLU Opinion,” Journal of Information, Law & Technology (October 31st,
1997).
Research Assistant, Prof. Donna Hill, Esq., Provided research and assisted in the development of
computerized legal research tutorial program funded by Computer Aided Legal
Institute (CALI).
LONG
ISLAND UNIVERSITY, C.W. POST, Brookville, N.Y.
Coursework
towards a Masters in Educational Technology. Transferred to law school.
STATE UNIVERSITY OF NEW YORK,
Albany, N.Y., B.A. in Psychology/Criminal Justice
Student representative to New York State Senate
Higher Education Committee
Student Representative to SUNY
Board of Trustees.
Chairman of the Board of Directors for University
Auxiliary Services (the on-campus facilities, food and vendor management
services corporation).
ROCHESTER INSTITUTE OF TECHNOLOGY,
Rochester, N.Y.
Four
semesters of credits towards a B.S. in Computer Engineering. Transferred to SUNY Albany.
Miscellaneous
Public Computer Bulletin Board System (BBS) –
Owner/System Operator (Sysop)
Boy Scouts of America – Eagle Scout with Gold and
Silver Palms; Vigil Honor distinction – Order of the Arrow; Merit badge
counselor for two merit badges: law & computers.