Daniel S. Koch

Daniel S. Koch is a member of the firm's Government Contracts, Computer, Internet and Technology, Litigation and Employment Law practice groups, and also practices antitrust law. In his Government Contracts practice, he advises contractors, particularly professional services and information technology firms, on federal, state and local procurement matters. Mr. Koch has successfully brought and defended numerous bid protests before the General Accounting Office and Court of Federal Claims, and size protests before the Small Business Administration. He regularly handles issues arising from teaming agreements and subcontracts, disputes between prime and subcontractors at all levels, potential organizational conflicts of interest, small business and minority preference issues, and qui tam (False Claims Act "whistleblower" cases) among others.

In his technology practice, he regularly drafts licenses, distribution and development contracts for software and various technology clients, and advises on electronic commerce and legal aspects of doing business over the Internet, including online service provider and application service provider (ASP) Contracts. A former computer systems programmer, Mr. Koch's extensive high tech background enables him to quickly master technologically complex subjects. He also maintains an active trademark and copyright practice, particularly as relates to Internet issues.

Mr. Koch counsels government contractors and other corporate and individual clients on employment law matters. In that role, he recommends alternatives to litigation whenever possible, but when litigation has proved to be unavoidable, he has successfully represented both individuals as plaintiffs, and companies as defendants, in cases alleging race, sex and age discrimination and a variety of related common-law causes of action.

Antitrust matters, including exclusive contracting, price discrimination, unfair competition, mergers and acquisitions, and particularly, health care cases, also comprise a part of Mr. Koch's practice. He served as antitrust counsel to the plaintiff in one of the landmark antitrust cases, successfully challenging exclusion of a health care professional from a hospital-based medical practice. After two appeals, the case settled on favorable terms and the court additionally awarded legal fees and interest exceeding $1.4 million.

Mr. Koch regularly conducts all phases of trial and appellate litigation. He has extensive experience working with expert witnesses, especially economists.

Prior to joining Paley Rothman, Mr. Koch was engaged in the private practice of law with his own Washington, D.C. firm, growing to six attorneys from 1988 to 1992. In 1986, he held an International Affairs Fellowship from the Council on Foreign Relations, after serving for two years as a Foreign Law consultant with the Law Offices of Lee & Ko in Seoul, Republic of Korea. From 1976-1984, Mr. Koch conducted antitrust investigations and litigation for the Federal Trade Commission's Bureau of Competition. Before that, he was a law clerk to the Hon. Stanley S. Brotman, Judge of the United States District Court in Camden, New Jersey.

A frequent contributor to professional journals and consumer publications, Mr. Koch's article, "Best Value Procurements: Disclose the Price Technical Tradeoff,!" was the featured cover article in the May 1994 issue of the Journal of the National Contract Management Association. His paper, "What Role For the Implied Covenant of Good Faith in Software License Disputes?,“ was presented to the Computer Law Update Conference in May 1994 and was selected for inclusion in the Computer Law Companion as one of the outstanding conference papers of the year. Several of his guest columns have appeared in consumer publications in recent years. His article, “Does your government contractor client have an organizational conflict of interest,?“ ran in the May 1, 2006 edition of Maryland's Daily Record, and his column, “Protesting small-business contract awards: It's all in the timing,“ was published in Montgomery County's Business Gazette in June of 2004. A previous piece, "Bid Shopping, Chopping and Peddling: New Maryland Remedies Against the Oldest Scams," appeared in the November/December 1997 issue of Maryland Builder.

Often asked to speak to bar associations and industry groups on legal topics, Mr. Koch has addressed numerous chapters of the National Contract Management Association on federal procurement issues. In addition to presenting at the Computer Law Update conference a number of years ago, he was a featured speaker on employment law issues at the D.C. Bar's Mid-Winter Conventions in 1994 and 1996, and at the 2003 Georgetown University Conference on litigating employment cases. He previously served as co-chairman of the Commercial & Governmental Contracts Committee of the D.C. Bar's Computer Law Section and has served on the Board of Directors of the Metropolitan Washington Employment Lawyers Association, 1991-2006.

Mr. Koch received his B.S., magna cum laude, in Computer Science from Yale University in 1972 and his J.D. from Harvard Law School, cum laude, in 1975. He is admitted to practice in Maryland and the District of Columbia.

Education

J.D., Cum Laude, Harvard University Law School, 1975
B.S., Magna Cum Laude, Yale University, 1972

Publications

“Does your government contractor client have an organizational conflict of interest?” Maryland Daily Record, May 1, 2006.

“Protesting small-business contract awards: It's all in the timing,” Montgomery County Business Gazette, June 4, 2004.

“Entrepreneurs and Trade Secrets”, Montgomery County Tech Gazette, June, 1998

"Bid Shopping, Chopping and Peddling: New Maryland Remedies Against the Oldest Scams," Maryland Builder, November/December 1997

"Best Value Procurements: Disclose the Price-Technical Tradeoff," Journal of the National Contract Management Association, May 1994

"What Role for the Implied Covenant of Good Faith in Software License Disputes?," Computer Law Companion, 1994

Significant Reported Decisions

Oltz v. St. Peter's Community Hosp., 861 F.2d 1440 (9th Cir. 1988); Oltz v. St. Peter's Community Hosp., 19 F.3d 1312 (9th Cir. 1994).

Size Appeal of the MIL Corporation, U.S. Small Business Administration Office of Hearings & Appeals, No, SIZ-4641 (June 2004).

Speeches and Presentations

"What Role for the Implied Covenant of Good Faith in Software License Disputes?," Computer Law Update Conference, 1994

Speaker, Federal Procurement Issues, National Contract Management Association.

Featured Speaker, Employment Law Issues, D.C. Bar's Mid-Winter Convention, 1994

Featured Speaker, Employment Law Issues, D.C. Bar's Mid-Winter Convention, 1996

Featured Speaker, Georgetown University, 7th Annual Conference, “Litigating Employment Cases: Views from the Bench,” 2003

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