Rendigs, Fry, Kiely & Dennis, LLP - Cincinnati Law Firm

Michael P. Foley Partner

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Overview

Mike’s practice focuses on commercial litigation, government contracting, construction, product liability, and municipal government liability. He has extensive trial experience in both state and federal courts prosecuting and defending contract disputes, defective product claims, municipal liability claims, and construction claims. Mike is also experienced in representing government contractors in the internal investigation of fraud, suspension and debarment matters, bid protests, and sub-contractor disputes.

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Education
- Ohio Northern University College of Law (J.D., 1992)
- Xavier University (B.A. in International Affairs, 1988)
- George Washington University School of Business (Masters Certificate Government Contracts)
Experience
Recent Litigation
- Representation of municipality and 3 of its police officers involving 1983 Claims and excessive force which resulted in unanimous jury verdict in favor of officers and municipality.
- Representation of Fortune 500 retailer in multimillion dollar personal injury claim which resulted in a jury verdict in favor of retailer.
- Representation of government contractor in bid protest against Air Force in Federal Court of Claims regarding unlawful exercising of option contract resulting in court finding in favor of contractor against Air Force.
- Representation of a municipality and police officer involving 1983 claim and intentional tort resulting in a unanimous jury verdict in favor of officer and municipality.
- Representation of manufacturer involving a contract dispute and performance defenses resulting in unanimous defense verdict on behalf of client.
- Defense of contractor in breach of contract and fraud claim involving roof construction resulting in unanimous jury verdict in favor of contractor.
Other Representations
- Co-lead counsel in performance of independent investigation for government contractor in response to show cause notice for debarment by Department of Air Force.
- Representation of government contractor responding to a request for proposal involving the Service Contract Act. Assisted contractor in determining Department of Labor rates for multi-city service centers and responding and
  interpreting ambiguities in RFP.
- Assisted government contractor with request for equitable adjustment under the Service Contract Act.
- Assisted contractor with DOE contract regarding interpretation of specific provisions for delay claims during construction and remediation project for environmental clean-up site.
- Interpretation of the solicitation and assistance with software contractor regarding rights in technical data produced under Air Force contract.
- Assisted and negotiated approval of product manufactured and supplied by contractor for Coast Guard certification.
- Performed analysis of manufacturers parts for compliance with Buy American Act.
- Assisted General Contractor in preparation of settlement damages as a result of agency termination for Convenience.
- Defense of Department of Defense contractor involving potential fraud claims/TINA violations and violation of CICA and Sherman Anti-Trust Act. Co-lead counsel in internal investigation of company to respond to
  potential violations. Case dismissed against contractor.
- Representation of a subcontractor in a commercial contract dispute with prime contractor involving a Department of Energy contract resulting in a favorable settlement.
- Represented developer before state EPA involving violations of state environmental laws for sewage treatment facility. Case dismissed in favor of developer.
- Represented Property Owners Association regarding allegations by state EPA of violations of anti- dumping law. Case dismissed in favor of developer.
- Defended a municipality in a multi-million dollar claim alleging municipalities’ permission for development caused surface water drainage problems in an adjoining municipality, which resulted in the diminution
  of value of approximately 100 homes. Dismissal of municipality by summary judgment.
- Defense of engineering firm involving claim of ambiguous plans and specifications concerning a public contract for a highway construction project. Case settled for modest amount.
- Defense of exhaust fan manufacturer in fire loss cases throughout Ohio and Kentucky.
- Co-lead counsel representing municipalities in Ohio, Kentucky, and Florida against multiple parties for failure to remit taxes.
Honors/Distinctions
- Selected and listed as one of Ohio’s Super Lawyers (2012)
Admissions
- State of Ohio
- Commonwealth of Kentucky
- U.S. District Court, District of Columbia
- U.S. District Court, Southern District of Ohio
- U.S. District Court, Northern District of Ohio
- U.S. District Court, Eastern District of Kentucky
- U.S. District Court, Western District of Kentucky
- U.S. District Court, Southern District of Indiana
- U.S. Court of Appeals for the Sixth Circuit
- Federal Court of Claims
Professional Affiliations
- Cincinnati Bar Association (Grievance Committee, 2007-Present)
- Ohio Bar Association
- Kentucky Bar Association
- Northern Kentucky Bar Association
- American Bar Association
- Defense Research Institute
Community Involvement
- United Cerebral Palsy of Greater Cincinnati (Board Member and Current President)
- United Cerebral Palsy Golf Fundraiser (Chair)
- Montessori Center Room (Board Member, 2006-2008)
Presentations
- Instructor for Allied Construction Industries (ACI) 2010 Curriculum
- “Public Contracting in Ohio,” August 2008
- “Legalities of Information in a World of Electronic and International Commerce,” AFCEA InfoTech (October 2007)
- “Buy American Act and State Preference Legislation,” IDCC Fall Meeting (October, 2007)
- “Navigating The Buy American Act/The Buy America Act and State Preference Laws” National Contract Management Association World Congress (April, 2007)
- “Litigating Contract Disputes”, NCMA Cincinnati Chapter (May, 2006)
Publications
- Public Contracting in Ohio,” Federal Publications (2008)
- “Navigating the Buy American and the Buy America Acts: A Trap for the Unwary,” Contract Management Magazine (November, 2007)

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Michael P. Foley Partner

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