Erin L. Toomey

Partner

Overview

Erin L. Toomey is a partner and government contracts attorney at Foley & Lardner LLP, where she assists companies to reduce their risk and maximize their recovery when contracting with the government. Erin represents clients in a range of industries, including automotive, aerospace, construction, and health care, and counsels such clients in all areas of government procurement, employing innovative and effective legal strategies to protect and promote her clients’ objectives.

Erin represents both small and large businesses throughout all phases of contract award, performance and closeout. She counsels clients during the solicitation and proposal phase by identifying and mitigating against potential risks. Erin assists government prime contractors and subcontractors in drafting, reviewing, and negotiating government contracts that best protect their interests. She also drafts supplier terms and conditions that contain clauses required by the client’s government prime contract or higher-tiered subcontract, as well as clauses that promote the client’s business objectives.

Erin focuses in the area of FAR Part 12, commercial item contracting. She prepares commercial item justifications for her clients and negotiates commercial item prime contracts and subcontracts to contain only those clauses that are required for commercial item contractors. She also assists clients in negotiating and complying with GSA Multiple Award Schedule contracts.

Erin works with government contractors during contract performance to, inter alia, protect their intellectual property rights, comply with equal employment opportunity requirements, comply with security clearance requirements, and prepare small business subcontracting plans. Ms. Toomey also assists clients in responding to government audits and closing out contracts.

Erin’s practice includes litigating government contract requests for equitable adjustments, claims and other disputes in order to maximize the contractor’s recovery or to avoid liability. Erin assists clients in appealing terminations for default and preparing termination for convenience settlement proposals. Ms. Toomey also represents clients in pre-award and post-award bid protests before the agency, GAO, and the Court of Federal Claims.

Erin’s practice also includes designing contractors’ compliance programs to ensure that they include necessary policies and procedures and provide employees with the requisite guidance to reduce the risk of compliance violations that might expose the contractor to significant civil or criminal liability or suspension or debarment. Erin prepares codes of conduct, drafts policies and contract procedure manuals, and conducts tailored government contract training programs for contractors and their employees, emphasizing key requirements and best practices.

If a government contract compliance issue arises, Erin performs internal investigations, represents clients during government investigations, and advises contractors regarding avoiding suspension and debarment.

Combining all of the skills identified above, Erin routinely counsels clients, including private equity funds, acquiring or selling the stock or assets of government contractors. When representing the buyer in these types of transactions, Erin performs due diligence regarding the target’s government contracts compliance, identifies for the client any risks of significant liability or suspension or debarment post-acquisition, and assists in the drafting and negotiation of government contract related representations and warranties, indemnification provisions, and other key clauses in the purchase agreement and disclosure schedules to minimize the purchaser’s risk. When representing the seller, Ms. Toomey assists in responding to due diligence requests, preparing disclosure schedules and reviewing and negotiating the government contract related provisions in the purchase agreement.

Affiliations

Erin served on the board of directors for the Women in Defense - Michigan Chapter, where she was a director of mentorship.

Recognition

Erin is named a 2013 DBusiness Top Lawyer in the area of government relations law. She is named one of the 2011 Up and Coming Lawyers by Michigan Lawyers Weekly, a recognition bestowed upon only 20 attorneys in the state. She was also selected for inclusion in the 2012 – 2014 Michigan Super Lawyers – Rising Stars® editions for her work in government contracts. In 2010, she won the Detroit Metropolitan Bar Association’s Barrister’s Pro Bono Award.

Education

Erin graduated cum laude from Northwestern University School of Law (J.D., 2004), which selected her for the Order of the Coif. Erin received her undergraduate degree from the University of Michigan, Ann Arbor with high distinction (B.A., 2000).

Admissions

Erin is admitted to practice in the State of Michigan, the Sixth Circuit, the Eastern District of Michigan, the Western District of Michigan, the Northern District of Ohio, and the United States Court of Federal Claims.

Selected Publications and Presentations

Erin speaks at government procurement seminars and authors and co-authors numerous publications including:

  • "Government Contracts: Protecting Intellectual Property," Practical Law (2019)
  • “Government Contracts: GSA Multiple Award Schedule Contracting,” Practical Law (2018)
  • “Federal Government Contracts: Overview,” Practical Law Company Practice Note (2018)
  • “Meeting the Definition of a Small Business Concern Checklist,” Practical Law (2018)
  • “Government Contracts: Small Business Concerns,” Practical Law (2017)
  • “How Credit Managers Can Reduce Risk in Federal Contracting,” Business Credit (June 2016)
  • "Government Contracts: Teaming Agreements and Other Teaming Arrangements," Practical Law Company Practice Note (2013)
  • “Acquiring a Federal Government Contractor: Avoiding Pitfalls,” Practical Law Company Practice Note (2013)
  • “Government Contracts: Reduced Risk Through Commercial Item Contracting," Practical Law Company Practice Note (2013)
  • “Transactional Attorneys Beware - Avoiding Pitfalls When Acquiring a Federal Government Contractor,” The Michigan Business Law Journal (Fall 2012)
  • "Selling Goods and Services to the Federal Government with Reduced Risk through Commercial Item Contracting," The Michigan Business Law Journal (Spring 2011)
  • "Lawyers Don’t Look Good in Stripes: Lawyers, The New Target of Federal Prosecution," Michigan Bar Journal (December 2007)

Insights

Federal Government Contracts: Overview
December 2018
Practical Law Commercial Transactions
Government Contracts: GSA Multiple Award Schedule Contracting
December 2018
Practical Law Commercial Transactions
Acquiring a Federal Government Contractor: Avoiding Pitfalls
August 2018
Practical Law
Meeting the Definition of a Small Business Concern Checklist
23 May 2018
Practical Law
Foley's Government Contracts Annual Update
16 October 2019
Liviona, MI
Detroit White Collar Crime Breakfast Briefing
17 October 2018
Detroit, MI
Foley's Government Contracts Annual Update
03 October 2018
Livonia, MI
Annual Update on Government Contracts Seminar/Webinar
26 September 2017
Livonia, MI/Webinar