In the procurement area, Mr. Mishkin has represented governmental and private entities in procurement design and implementation, including development of requests for proposals, proposal evaluation, contract negotiations and drafting, bid protests, and construction claims at the federal and state levels. He has a broad range of experience with the Federal Acquisition Regulations and procurement practices under the General Services Administration’s Federal Supply Schedules. He extensively counsels a major public housing authority regarding a wide range of public procurement issues, including reviews of solicitation documents and contracts, resolution of disputes and claims by contractors and compliance with the procurement requirements of the U.S. Department of Housing and Urban Development (“HUD”), and the American Recovery and reinvestment Act (“ARRA”).
Mr. Mishkin’s work in the environmental area includes extensive experience relating to transactional and regulatory matters, including those relating to environmentally sensitive projects and pollution control facilities; wastewater treatment and solid waste disposal issues; permitting and procurement of alternative energy projects, such as waste-to-energy and cogeneration facilities; privatization of government environmental services and facilities; and remediation of contaminated property. He served a two-year term as a member of the American Bar Association’s Standing Committee on Environmental Law.
His environmental transaction practice has encompassed numerous acquisitions, dispositions, leasing, and financing of businesses and real estate, including over 50 transactions on behalf of the Resolution Trust Corporation (now the Federal Deposit Insurance Corporation) relating to the disposition of environmentally distressed properties and loans. He has conducted environmental assessments and worked with federal and state authorities regarding remediation and property transfer restrictions. His practice also involves transactions implemented under state brownfields/voluntary clean-up programs as well as state programs requiring investigation and remediation in connection with the lease or sale of real property. He also has assisted in the implementation of transactions involving innovative approaches to remediation and development of contaminated properties.
In the wastewater treatment area, Mr. Mishkin’s work has included counseling and litigation regarding major public wastewater treatment facilities that were subject to federal and state enforcement actions. His wastewater practice also has included regulatory and transactional issues relating to the privatization of and upgrades to federally grant funded wastewater treatment facilities.
His work in the solid waste area has involved counseling and litigation regarding permitting, environmental assessment, and procurement for essentially all types of solid waste facilities and projects, including landfills, transfer stations, recycling facilities, composting projects, waste-to-energy facilities, and waste transportation projects. This work also has included the full range of legal issues relating to the interstate transportation and disposal of solid waste, including counseling and litigation regarding waste flow control and import restrictions.
In the alternative energy area, Mr. Mishkin’s practice has encompassed waste-to-energy, cogeneration, and independent power generation projects for governmental and private clients. His work in this area has included permitting, environmental assessment, procurement, power purchase and sale agreements, and litigation. He has worked with project developers, hosts, governmental service recipients, and vendors.
Mr. Mishkin’s product safety practice includes product defect reporting, recall, jurisdictional, and civil penalty issues under the Consumer Product Safety Act. His work in this field has addressed a wide range of products, including the sporting goods, electronics, food preparation, and home improvement sectors. He has also addressed labeling and warranty issues for consumer products.
- Listed in Washington, D.C., Super Lawyers, 2014 and 2015
- AV Preeminent® Peer Review Rated by Martindale-Hubbell®
- Counsel to the receiver for the Government of Guam’s solid waste disposal agency, which was appointed by the Chief Judge of the U.S. District Court in Guam, to oversee compliance with a consent decree regarding the development and implementation of a comprehensive solid waste management system and facilities. Mr. Mishkin’s work has covered a wide range of issues, including procurement and negotiation of a contract for long-term operation of a new landfill, agreements for waste disposal with a major U.S. military facility, and matters relating to the development of transfer stations.
- Represented a French CAC 40 company in connection with the sale of its wind-to-energy subsidiary for $81 million.
- Provided defense of the award of a contract with the National Park Service for grounds maintenance at Arlington National Cemetery. When an unsuccessful proposer filed a General Accountability Office (GAO) protest of the award, alleging an unfair evaluation of proposals, intervened on behalf of the awardee and worked closely with Defense Department attorney representing the government. The award was upheld by the GAO.
- Counsel to a proposer in a U.S. Army competitive procurement of helicopter equipment. Pursued bid protest before the General Accountability Office (GAO) of the Army’s proposed award to a competitor, asserting that the Army had performed an incomplete evaluation of proposals. The Army withdrew the procurement within 10 days of the filing of the protest and agreed to resolicit from all bidders.
- Counsel to a software developer regarding state and local government-issued solicitations and contracts for major information technology integration improvement projects, including those mandated by federal requirements.
- Assist a computer hardware manufacturer seeking federal funding to support advanced research in discussions and document development for funding under Defense Department “other transaction authority” allowing non-conventional procurement.
- Counsel to a project developer in the negotiation of a host agreement with a county government in West Virginia for a proposed, new 1,000MW generation facility; a real estate and coal purchase option agreement with the coal and site provider; and agreements with generation facility co-developer.
- Counsel to a New England municipality in its development of procurement approaches and documents for the privatization of the city’s recycling/disposal of sludge generated by the city’s new secondary wastewater treatment facility, including advice on legal structures and business approaches for simultaneous dual procurements of alternative projects involving possible development of a project-financed private in-city facility, and out-of-city recycling /disposal services. Also obtained approvals from parties to a federal/state consent decree that required implementation of the transaction and imposed stringent and detailed procedural, substantive, and time constraints. Subsequently completed renegotiation of city-contractor agreement and regulatory approvals of the transaction to address sale of contractor’s business to another entity and changes to transportation and disposal program, which will result in savings to city of between $1.5 million to $3 million. 2000-2001; 1994-96
- Counsel to a private recycling project developer and contractor in the development of a mixed-paper recycling project for a large suburban county in the Mid-Atlantic region under a local law deadline to implement a recycling program. Negotiated and drafted: subcontracts for equipment supply by an offshore manufacturer; construction, loan, trust indenture and related documents for tax-exempt and taxable bond financing through state conduit agency; agreements with investment banker and feasibility consultant; project and standstill agreements with county; real estate purchase and lease agreements; and product market agreements. 1997-2000
- Counsel to a major local government in its agreement with a project developer for the design, construction, equipping, ownership, operation and maintenance of a 2,300 ton per day (approximately 50MW) waste-to-energy facility, with the main combustion components of offshore origin. Participated in negotiations with underwriters regarding the issuance of $288 million primarily tax-exempt revenue bonds for project. Headed negotiation and drafting of all other project agreements. Participated in environmental impact statement and permit proceedings. After the project was completed and successful operations commenced, participated in negotiations with the private contractor and another local government in the area regarding the other government’s provision of lower-cost ash disposal services and supply of waste to the project. Also participated in arbitrations under the various project agreements relating to delay claims by contractor, waste shortfalls and ash disposal.
- Counsel to a private wastewater treatment owner-operator in purchase of a municipally owned wastewater treatment facility (the first complete privatization transaction involving the sale and private take-over of operation of a major federally grant-funded wastewater treatment facility), addressing regulatory and grant constraints, including analysis of the impact of the transaction on certain exemptions from the hazardous waste laws, and analysis and suggested approaches regarding risk allocation, tax, and financing issues. Developed an innovative combination lease-and-sale structure that obviated the requirement for a federal statutory waiver that otherwise would have been required to implement the project.
- Counsel to a Washington county in the development of request for proposals, participation in the vendor selection, and in the negotiation and drafting of contracts for a proposed waste-to-energy project, as well as related services for the disposal of ash residue and bypassed waste. Participated in negotiations with the utility regarding the purchase of electricity generated by the proposed facility. Assisted in development of test case regarding bond financing and local authority issues.
- Counsel to a the private subsidiary of an electric generation and energy services company in the development of an electric and thermal energy project serving a major southwestern city government, with possible future expansion to district heating and cooling for commercial customers. Negotiated and drafted project agreement with city and subcontract with engineering, procurement, and construction contractor; assisted in structuring project to optimize financing and tax ownership; advised regarding state and federal energy regulatory and environmental issues, and negotiations with local franchised utility.
- Assist in the negotiation of power-purchase agreement with Southern California Edison for proposed solid-waste hydrolysis project to address renewable portfolio requirements.
- Advised regarding lease of municipal solid-waste transfer station and agreement to improve and operate transfer station; contracts with waste collectors, haulers and disposal companies.
- Advised regarding potential acquisition of two operating bio-fuel facilities, including development of strategy to address permit non-compliance and operations and maintenance issues.
- Counsel to a publicly held biological research government contractor in the development and implementation of a plan to terminate a stock exchange listing and federal securities registration. Resulted in relief from federal securities reporting requirements and substantial savings in accounting, administrative and legal expenses.
- Counsel to a stormwater-treatment technology and equipment company in the preparation of a license and assignment of rights to manufacture and sell stormwater-treatment technology in Asian and Pacific markets.
- Counsel to a chemical producer in environmental due diligence for its acquisition of a chemical mining and production business.
- Counsel to a real estate developer in the negotiating and drafting of agreements with an independent energy company for the development of an energy supply and distribution system for a large office and hotel complex in New York City. Negotiated the overall structure of the project to enable it to be separately financed in the context of the main project’s complex, multi-party real estate and tax-exempt bond structure on city-owned property. Agreements negotiated and drafted included energy project development, ownership, design, construction, operation, and maintenance agreement; space lease for energy facility; funds flow/lock-box agreements; step-in/standstill agreements; and tenant stand-by direct pay agreements.
- Counsel to a biological research government contractor in the negotiation of agreements with a medical school for research, development, and exploitation of a biotechnology for cancer treatment.
- Counsel to a city in its successful defense of a court challenge by a group of local waste haulers to the implementation of a waste-flow control law. Briefed and argued successful defense of appeal of decision.
- Counsel to a Maine municipality in negotiating and drafting a contract for the privatization of its wastewater treatment and collection system and the disposal of sludge generated by the system. Addressed a wide range of complex regulatory issues, including hazardous waste exemptions and municipal industrial pre-treatment requirements.
- Counsel to a Washington County in the development of request for proposals, participation in proposal evaluations and vendor selection, and negotiation and drafting of contracts with regard to a waste-to-energy project and the proposed development of a regional project by a local Native American tribe.
- Co-author, “What’s Next for Teaming Agreements After Cyberlock?” DM Alert, May 21, 2013
- “Interim Rule Requiring Government Contractors’ Compliance Records to Be Publicly Available on Federal Government’s Contractor Performance and Integrity Information Website Is Revised and Now Final,” DM Alert, January 31, 2012
- “Split Vote by CPSC Signals That Tracking Labels Must Be Placed on Children’s Products by August 14, 2009,” DM Alert, May 27, 2009
- Moderator, “Financing and Clean-Up,” Combating Terrorism in the Environmental Trenches, 30th National Spring Conference on the Environment sponsored by the American Bar Association’s Standing Committee on Environmental Law, Washington, D.C., April 12, 2002
- Duane Morris LLP
- Beveridge & Diamond, PC
- Georgetown University Law Center, J.D.
- Yale University, B.A.