Eric Whytsell

Phone: (303) 390-0354 | Fax: (303) 390-0177 | Email:
5335 Wisconsin Ave. N.W., Suite 440, Washington, DC 20015
1099 18th Street, Suite 2150, Denver, CO 80202

Eric Whytsell, Managing Member of the Firm's Denver, Colorado, office and practicing with the Commercial Law Practice Group, helps clients identify opportunities and resolve problems that arise in connection with doing business with the government. He represents a wide variety of clients — from small businesses to major multinational corporations — in an assortment of industry sectors, including defense, software, research and development, IT and other services, aerospace, financial, construction, transportation, health care, biotech and manufacturing, and higher education.

Mr. Whytsell represents clients on a full range of federal, state and local procurement matters. In addition to helping clients understand and assess the potential benefits and risks presented by government contracts, he advises on teaming, joint ventures and subcontracting arrangements and compliance with small business and socio-economic programs. He works closely with clients on contract negotiation and performance issues. In addition, he represents clients in bid and size protests, on contractor and government claims involving changes, adjustments and terminations, conducting internal investigations and responding to audits and suspension and debarment issues.

Mr. Whytsell regularly works with government contractors and subcontractors to ensure compliance with requirements concerning business ethics and conduct, procurement, labor standards, data security, security clearances, export controls, and sourcing restrictions. He has advised a wide variety of clients concerning their development and exploitation of intellectual property assets, alone or in collaboration with others. He also has extensive experience negotiating contracts for commercial products and services with government agencies and prime contractors, protecting and licensing intellectual property rights, and counseling software, technology, and IT services firms about commercialization of intellectual property and the unique risks and obligations involved in government contracting. 

Mr. Whytsell has helped both private companies and public entities design, establish and implement procurement systems, compliance programs, and training compliant with FAR, DFARS, and other requirements. He has written extensively on government contract matters and frequently lectures and conducts training on federal procurement, contractor compliance, intellectual property rights in government contracts, and export controls.

Mr. Whytsell is a member of American Bar Association, Section of Public Contract Law and was selected in August 2016 to serve a 3-year term on the Section’s governing council. He also serves as Co-Chair of the Section's State and Local Committee, as well as Vice-Chair of its Strategic Alliances, Teaming and Subcontracting and Intellectual Property Committees. 

Mr. Whytsell received his Bachelor of Arts degree, cum laude, from Davidson College and his Juris Doctor degree from the University of North Carolina at Chapel Hill, where he served on the Moot Court Board and was elected to the Order of the Barristers.

Legal Experience
1993 - PresentJackson Kelly PLLC
1992Jackson Kelly PLLC, Summer Associate
1991Jackson Kelly PLLC, Summer Associate
1993J.D.University of North Carolina School of Law
1988B.A.Davidson College (NC) (English)
Bar Admissions
1996District of Columbia
1993West Virginia
Court Admissions
2011U.S. Court of Federal Claims
2008U.S. Court of Appeals, Tenth Circuit
1996U.S. District Court, Northern District of West Virginia
1993U.S. District Court, Southern District of West Virginia
1993West Virginia Supreme Court of Appeals

Professional Involvement:
  • Colorado Bar Association
  • Denver Bar Association
  • West Virginia State Bar
  • American Bar Association, Public Contracts Law Section
    • Member, ABA Public Contract Law Section Governing Council
    • Co-Chair, ABA Public Contract Law Section, State and Local Committee
    • Vice-Chair, ABA Public Contract Law Section, Intellectual Property Committee
    • Vice-Chair, ABA Public Contract Law Section, Strategic Alliances, Teaming and Subcontracting Committee
    • National Contract Management Association
    • National Defense Industry Association

Teaching and Lecturing:
  • Presenter, "The Mechanics of Flow Downs - What Are the Best Practices?," ABA Public Contract Section, Subcontracting, Teaming Agreements, and Strategic Alliances Committee, Jan. 18, 2017
  • Co-presenter with Carl Livitt of Bishop Fox, LLC, "Understanding and Responding to Cybersecurity Risks," Association of Corporate Counsel (ACC) Colorado Chapter, Spring In-House Forum, Denver, Colorado, April 20, 2016
  • Presenter, "Practical Answers to Key Protest Questions," National Contract Management Association (NCMA), Northern West Virginia Chapter Meeting, Morgantown, West Virginia, March 14, 2016
  • Moderator, "Gaining Advantage on the High Seas: The Thoughtful Pirate's Approach to Subcontract Terms and Clauses," 22nd Annual Federal Procurement Institute, Annapolis, Maryland, March 9-12, 2016
  • Co-presenter with Hopewell H. Darneille III, "Regulations and Impact on Your Business," Annual Teaming to Win Conference, Canaan Valley, West Virginia, May 28, 2015
  • Moderator, "Everything You Always Wanted to Know about the Model Procurement Code but Were Afraid to Ask," American Bar Association, Section of Public Contract Law, 10th Annual State and Local Procurement Symposium, Philadelphia, Pennsylvania, April 24, 2015
  • Presenter, "Helping Contractors Pick a Winning Team," Association of Procurement Technical Assistance Centers (APTAC) Fall Training Conference, Washington, District of Columbia, Nov. 11, 2014
  • Co-presenter with Craig Blackburn of Woodward, Inc., "Positioning Yourself for Success when Doing Business with the Government," Association of Corporate Counsel (ACC) Colorado Chapter, Fall Frenzy, Denver, Colorado, Sept. 18, 2014
  • Moderator, "Data Security Risks: A View from the Trenches," National Association of College and University Attorneys (NACUA), Annual Conference, Denver, Colorado, June 25, 2014
  • Presenter, "'Don't Do That!' Legal Issues for Small Business," Annual Teaming to Win Conference, Morgantown, West Virginia, May 29, 2013
  • Presenter, "Financial Management of Federal Contracts," FAR Training, Regional Learning Alliance, Cranberry Township, Pennsylvania, May 9, 2013
  • Presenter, "Sequestration: What It Is And What It May Mean For Federal Government Contractors," Montgomery County Chamber GovConNet Meeting, Rockville, Maryland, Feb. 26, 2013 Click here for a copy of the presentation.
  • Presenter, "“Top 10 Issues to Consider When Picking Teaming Partners and Subcontractors,” I-79 Development Council DYNET Conference, Fairmont, West Virginia, Feb. 7, 2013
  • Presenter, "The Strategic Toolbox: Joint Ventures, Subcontract & Teaming Agreements," Annual Teaming to Win Conference, Morgantown, West Virginia, May 29, 2012

Writings and Publications:
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