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Emily A. Constantine

Emily A. Constantine

Associate
Milwaukee
office: 414.978.5434
fax: 414.223.5000
Overview

Emily’s practice is focused on government contracts counseling and litigation.

Emily regularly advises clients regarding a broad range of government contracting issues, including compliance with Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), Truthful Cost or Pricing Data Act (formerly TINA), International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), Buy American Act (BAA), Foreign Corrupt Practices Act (FCPA) and Cost Accounting Standards (CAS). She also assists clients in obtaining information through the Freedom of Information Act (FOIA). Emily has experience counseling government contractors with the issues that can arise in the context of mergers and acquisitions, including novations, navigating organizational conflicts of interest and small business matters. She has assisted Veteran-Owned businesses navigate the VETBiz verification program and has worked with small and companies to help them qualify for preference and status and to bring and defend protest based on set-aside qualifying issues.

An experienced litigator, Emily has represented government contractors of all sizes and from a variety of industries, including defense, healthcare, information technology and professional services, in litigation matters. She frequently litigates pre-award and post-award bid protests before the U.S. Government Accountability Office (GAO) and the U.S. Court of Federal Claims and complex contract claims before the Armed Services Board of Contract Appeals (ASBCA). Emily has successfully represented clients in suspension and debarment proceedings.

Emily also represents employers in a broad range of employment law and litigation matters in state and federal district and appellate courts, as well as before administrative agencies, including the Wisconsin Equal Rights Division, National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC).

Emily has handled claims involving breach of employment contract, family and medical leave, noncompetition agreements, discrimination, harassment (including sexual harassment), retaliation, unfair labor practices and wage and hour claims. She also advises employers on legal and practical considerations associated with reductions in force, employment and severance agreements, employee discipline, workplace investigations and drug testing, social media policies and labor relations. Emily has also represented employers in labor arbitrations.


Industries

Services

Education

  • Marquette University Law School
    • magna cum laude
      • Marquette Law Review, Note and Comment Editor
      • Federation of Defense & Corporate Counsel Quarterly, Student Editor
  • B.A., University of Wisconsin
    • with distinction
    • Philosophy

Admissions

  • U.S. District Court, Eastern District of Wisconsin
  • Wisconsin
  • U.S. District Court, Western District of Wisconsin
  • U.S. Court of Federal Claims
Experience
  • First-chaired a jury trial in federal court and obtained a total defense verdict in a race discrimination case.
  • Second-chaired a jury trial and obtained a total defense verdict in a case involving tortious interference with contract, defamation and other employment-related torts.
  • Litigated bid protest before the Court of Federal Claims and obtained judgment on the administrative record and attorneys’ fees for a small government contractor in post-award protest involving allegations of bad faith on the part of the government agency.
  • Successfully defended Service-Disabled Veteran-Owned(SDVO) contractor in suspension and debarment proceedings.
  • Successfully prosecuted and defended size protests before the Small Business Administration Office of Hearings and Appeals (OHA).
  • Represented contractors in pre- and post-award bid protest before the GAO.
  • Successfully assisted small business contractors defend and prosecute small business protests before the OHA.
  • Advised contractors regarding compliance various domestic preference laws, including BAA and the Berry Amendment.