Rolando R. Sanchez
Special Counsel
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Phone: +1 202 776 7893
- Duane Morris LLP
901 New York Avenue N.W., Suite 700 East
Washington, DC 20001-4795
USA
Rolando R. Sanchez practices primarily in the areas of government contracts, data privacy, and cybersecurity. He has represented Global 500 companies and small businesses in various matters, including compliance and litigation. His experience includes working internally with companies to resolve compliance challenges, and all aspects of litigation, from trials to jury verdicts to cert petitions in front of the U.S. Supreme Court.
Data Privacy & Cybersecurity
Rolando has advised on regulatory compliance, including the Electronic Communications Privacy Act, NIST 800-53 and 800-171, U.S. privacy laws, and multiple-jurisdictional data compliance laws and regulations in Latin America, Europe and Asia, including the GDPR (Europe), LFPDPPP (Mexico), LGPD (Brazil), DPA (Argentina) and PIPL (China). He has assisted companies with global privacy compliance requirements pursuant to regional regulations and applicable Binding Corporate Rules. Some of these compliance measures include advising on Privacy Impact Assessments, Privacy Notices, Records of Processing Activities, local BGV and investigation rules, data privacy vendor clause drafting, asset purchase data privacy compliance, and processor risk assessments. He is familiar with state rules, such as CPRA and VCDPA, and their compliance requirements.
Rolando has also advised on emerging technology matters which affect data privacy, such as implementation and governance concerning artificial intelligence tools.
In the area of cybersecurity, Rolando has helped businesses prepare data breach response plans, reporting guidelines, assisted in privileged breach and ransomware response incidents, and has advised companies on compliance with the Cybersecurity Maturity Model Certification (CMMC 2.0) and DFARS 252.204-7012. He has also interacted with hundreds of government contractors, the Department of Defense and Congress as a thought leader on the issue of emerging cyber regulation and policy.
Rolando began his legal career in the United States Marine Corps, where he practiced as a defense counsel, prosecutor and appellate counsel. He was also assigned to prosecute crimes committed on federal land as a Special Assistant U.S. Attorney for the Central District of California. After leaving active duty, Rolando defended companies in complex litigation cases and began representing government contractors. He started his own firm to focus on government contracts and cybersecurity/data privacy before bringing his practice to Duane Morris.
Government Contracts
In the area of Government Contracts Rolando’s representation has included bid protests, intervening actions, FAR compliance, contract negotiation, prime/sub-relations, supply chain accountability issues, teaming agreements, subcontracts, joint ventures, organizational conflicts of interest, breach of contract, terminations, reinstatement of contracts, modifications, settlement proposals, requests for equitable adjustments, cybersecurity clauses compliance, and facilities clearances in compliance with the Defense Counterintelligence and Security Agency.
Rolando’s practice includes representation of contractors for both Federal and state governments, including New York, New Jersey and Virginia.
Rolando has also advised companies on compliance matters, including corporate governance and risk assessments, internal investigations, False Claims Act violations and Foreign Corrupt Practices Act policies. He has represented companies facing administrative subpoenas and federal grand jury investigations, as well as individuals facing felony indictments.
Rolando is fluent in Spanish and has communicated with lawyers and officials in Latin America and Spain. He is a member of the Hispanic Bar Association – DC and is a past member of their judicial screening committee.
Areas of Practice
- Government Contracts
- Data Privacy and Protection
- Cybersecurity
- White-Collar Defense
Admissions
- District of Columbia
- Virginia
- New York
- New Jersey
- U.S. Court of Federal Claims
- Supreme Court of the United States
Education
- University of Pennsylvania Carey Law School, J.D., 1997
- Queens College, City University of New York, B.A., 1992
Experience
- Duane Morris LLP
- Special Counsel, 2022-present - The Law Offices of Rolando R. Sanchez
- Attorney, 2016-2022 - Hollingsworth LLP
- Senior Associate, 2007-2016 U.S. Marine Corps, Judge Advocate, 1998-2007 (currently serving in the Marine Corps Reserve with the rank of Lieutenant Colonel)
Professional Activities
- National Defense Industrial Association
- Co-Chair, Legal & Policy Committee, Cyber Division - American Bar Association
- Vice-Chair, Cybersecurity, Privacy & Data Protection and Small Business Committees
Selected Publications
- Co-author, "Defense Department Publishes Much Anticipated Proposed Rule for the Cybersecurity Maturity Model Certification Program – Comments Are Due Soon," Duane Morris Alert, December 28, 2023
- Co-author, "Significant U.S. Sanctions Against Russia Create Challenges for Many Companies," Duane Morris Alert, March 3, 2022
“Using Cloud Solutions to Protect Data Poses Questions,” National Defense Magazine, November 2021
“Addressing Solicitation, Contract Performance After CMMC,” National Defense Magazine, June 2021
“Controlled Unclassified Information – The Devil is in the Details,” National Defense Magazine, April 2021
“CMMC and DFARS Interim Rule: Tabletop Lessons Learned,” National Defense Magazine, November 2020
“Latest Theft of Navy Data Another Sign of China Targeting Defense Companies,” USNI News, June 11, 2018
“Contractors Must Contend with New Cybersecurity Rule,” National Defense Magazine, January 4, 2018
“New Cyber Rules to Safeguard Supply Chain,” National Defense Magazine, April 5, 2017
“Cybersecurity Legislation: What it Means for the Private Sector,” National Defense Magazine, June 15, 2015
“Obama Cybersecurity Order Could Impose Regulations, Observers Say,” BNA, September 10, 2012
Selected Speaking Engagements
- Co-Moderator “Cybersecurity, Privacy and Emerging Technology Committee Presentation on CMMC,” ABA Webinar, January 26, 2024
- Presenter, "The Data Privacy and Security Landscape: International Developments in Privacy," Duane Morris Webinar, January 17, 2024
- Presenter, "Russia-Ukraine War: Legal Impacts and Challenges for Companies – Guerra Rusia –Ucrania: impactos legales y retos para las empresas," Brigard Urrutia, March 30, 2022
Moderator, “CMMC Tabletop Series,”NDIA Webinar Series, October 2020 - January 2022 (seven total)
Presenter, “Industrial Base Cyber Risks and Protection,”Armament Systems Forum, June 2019
Moderator, “Compliance Under the DFARS,” 11th Annual Midwest Contracting Symposium, May 2018
Presenter, “Cybersecurity: Business with the DoD,”Iowa State University CIRAS, January 2018
Presenter, “Compliance with DFARS 252.204-7012,” NDIA Procurement Division Seminar, January 2018
Moderator,“Protection of Covered Defense Information,” NDIA Procurement Division Seminar, January 2018
Moderator, “What You Need to Know About Protecting Data,” NDIA Cyber Division Workshop, November 2017
Presenter, “DFARS Countdown to Compliance,”NDIA Cyber Division Workshop, November 2017
Moderator, “Government Contracts: Compliance with the DFARS Cyber Rule,” 2016 NDIA Cyber Summit
Presenter, “Overseas Investments: The Fate of Chevron in Ecuador,” 2014 HLLP Complex Litigation Seminar
Presenter, “Cyber-Regulation: The Government in Your Servers,” 2013 HLLP Complex Litigation Seminar
Representative Matters
- Represented contractor with obtaining small business certification.
Recently represented a New York State contractor in a bid protest, which included an agency’s improper evaluation of solicitation criteria, and an appeal of the agency’s decision to the Office of the State Comptroller.
Successfully represented a construction management company, and achieved corrective action, in a multi-million dollar bid protest at GAO against the Department of Defense based on faulty past performance and technical ability evaluations.
Successfully represented a Fortune 500 company in a pre-award bid protest at the Court of Federal Claims against the Consumer Financial Protection Bureau (CFPB), after the CFPB refused to consider the company’s bid on a construction contract because of untimely claims. The company was allowed to bid on the construction contract.
Successfully represented a service company, at both the agency and GAO levels, in protesting and overturning an award where the agency failed to follow the evaluation criteria and the contracting officer refused to suspend performance.
Successfully represented a company protesting of an award, and achieved corrective action, where agency did not follow the solicitation’s evaluation criteria and where the solicitation contained a latent ambiguity.
Successfully represented a service company in protesting an award, and achieved corrective action, where the agency failed to follow proper evaluation criteria in a simplified acquisition. The contract was re-bid and the client won the contract.
Successfully represented an awardee of a DoD service contract, as an intervenor, in a protest filed by a losing bidder, and the awardee preserved its award.
Advised a company bidding on a multi-million dollar government construction contract, including advice on formation of joint venture, interpretation of the government solicitation, and drafting of questions to the contracting officer.
Drafted a teaming Agreement for a company seeking to bid on a multi-million dollar Health and Human Services solicitation.
Successfully represented a construction company seeking to remove a government employee who was hindering a multi-million dollar construction contract, which was tantamount to a breach of the government’s duty of good faith and fair dealing.
Represented a federal subcontractor with recovering unpaid invoices from a larger prime, and successfully involved an agency Contracting Officer with recovering the full amount owed.
Advised client on drafting a “tender board” corporate resolution to assess risk of OFAC sanctions and GDPR in a high-risk geographic area prior to biding on contracts.
Represented a contractor in a Termination for Convenience involving a multi-million dollar bio-tech services contract, and achieved a rare reinstatement of the contract after negotiating with federal agency attorneys before litigation was initiated.
Represented a contractor in negotiating a settlement after a termination for convenience, which included lost profits and legal fees.
Represented a contractor with submitting a successful REA, due to completed work; negotiated final outcome with contracting officer.
Represented a contractor with successfully submitting a claim which had previously been denied as an REA.
Guided implementation of a Special Security Agreement (SSA) for a foreign owned and controlled company in order to enable it to successfully bid on classified government contracts. Drafted ancillary documents, such as Government Security Committee certificate, Electronic Communications Plan and subsidiary company resolutions required for compliance with the SSA. Briefed the board of directors and the assigned Facility Security Officer on responsibilities under the SSA and under the NISPOM.
Upon client’s decision to terminate its Special Security Agreement with the U.S. government, gave advice to the general counsel on the steps to take in terminating the agreement and interacted with appropriate agency officials to accomplish the termination. Provided advice on document retention practices and other wind-up procedures.
Assisted a U.S. corporation in successfully obtaining a Canadian facility security clearance, including the drafting of necessary corporate resolutions and certifications.
Represented a contractor before an intelligence requiring activity, at an agency level dispute, concerning a task that was not awarded due to OCI.
Advised worldwide conglomerate on data protection privacy clauses necessary for various contracts in India, Europe, Mexico and China and consistent with the company’s Binding Corporate Rules – coordinated with local counsel to interpret local rules, including GDPR and PIPL.
Conducted Privacy Impact Assessments and drafted Privacy Notices for international company.
Reviewed ROPA compliance for company pursuant to a GDPR-related audit.
Advised international company on data privacy compliance measures in asset purchases in Europe and Latin America.
Advised local entity in India on BYOD policy and coordinated with local counsel.
Advised company on data protection and preservation policies concerning BGV and investigations.
Advised a service company seeking to comply with the self-assessment requirement under DFARS 252.204-7012, 7019 & 7020. Also provided advice on the Cybersecurity Maturity Model Certification (CMMC) 2.0 program.
Advised client on multi-million dollar cybersecurity service contract, including an equitable adjustment for a change in service and change in employee technical qualifications requirements.
Advised client on a search and seizure pursuant to the Electronics Communication Privacy Act.
Conducted internal investigation into possible procurement malfeasance matter, including review of documents and employee interviews. Advised the general counsel and CEO on the findings and possible liability.
Represented a construction company with providing a False Claims Act disclosure to an Inspector General as required under the Federal Acquisition Rule (FAR). Representation included drafting a notice of withholding of payment under the FAR to a subcontractor and drafting a False Claims Act disclosure to the IG.
Represented a Fortune 500 company in a government investigation conducted by Air Force OSI, the FBI and the Eastern District of Virginia U.S. Attorney’s office. The representation included responding to subpoena requests and negotiating with law enforcement and federal prosecutors.
Represented individual facing a federal Grand Jury indictment for an environmental crime violation. After an extensive internal investigation, negotiated with federal prosecutor concerning the lack of evidence in the case in order to obtain a dismissal of the investigation.
Rendered advice to client negotiating a commercial contract in Eastern Europe concerning prohibitions against dealing with individuals and entities subject to U.S. sanctions administered by the US Treasury/Office of Foreign Assets Control (OFAC), including possible suspension and debarment from government contracts.
Counsel on a trial litigation team that successfully defended a U.S. government contractor against one of the largest environmental-related mass tort actions originating from South America, which alleged hundreds of millions of dollars in environmental and personal damages from toxic contamination. The litigation required the deposition of dozens of witnesses in Spanish.
Represented a Fortune 500 company in multi-district litigation. Managed over fifteen local counsel in implementing a national litigation strategy. Conducted over thirty depositions, including depositions of experts, and drafted winning summary judgment motions and other dispositive motions.