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Duckenfield, Thomas A.

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Partner Phone: 202.270.3689
Fax: 202.861.0610
E-mail: tduckenfield@wongfleming.com

Thomas Averill Duckenfield is a Partner in the Firm’s Washington, D.C. office of Wong Fleming.  He represents a wide range of clients from Fortune 500 companies and municipalities to minority and women-owned companies in international trade, government contracts, government relations, commercial transactions, and corporate social responsibility matters. He has served in the various capacities of a Partner, Principal, CEO, and COO at several national and international Law Firms and corporations.

As part of his employment practice, Mr. Duckenfield has experience assisting management and executives throughout the United States with a variety of employment law issues, including Title VII, Age Discrimination in Employment Act, Americans with Disabilities Act, Equal Pay Act, Fair Labor Standards Act, and the National Labor Relations Act.  He routinely advises employers on avoidance of employee related problems and on the management of their diversity and EEO issues.  Mr. Duckenfield also has experience negotiating collective bargaining agreements.

Prior to joining Wong Fleming, while in the public sector, Mr. Duckenfield served as Assistant to the General Counsel in the U.S. Army General Counsel’s Honors Program in the Pentagon, where his responsibilities included providing legal advice at the Secretary and three-star general level on information technology, munitions production, intellectual property, utilization of small and minority-owned businesses, outsourcing, and alternative dispute resolution.

After receiving an initial commission as an active duty U.S. Army Infantry officer, Mr. Duckenfield later received a second commission as an officer in the U.S. Army Judge Advocate General’s Corps, where he served as a reservist at the Headquarters, U.S. Army Litigation Center.

Mr. Duckenfield is admitted to practice law in the District of Columbia, New York, Virginia, and England & Wales, as well as before the U.S. Supreme Court, U.S. Court of Appeals for the District of Columbia, U.S. Court of Appeals for the Armed Forces, U.S. Court of Federal Claims, U.S. District Court for the Eastern District of Virginia, and U.S District Court for the District of Columbia.

An avid traveler and student of history and culture, Mr. Duckenfield has visited all 50 U.S. states, 76 countries, and 18 indigenous nations. Mr. Duckenfield is proficient in Spanish and is currently studying Arabic and Mandarin Chinese.

REPRESENTATIVE MATTERS
  • Conducted numerous internal diversity audits and vulnerability assessments, performed internal investigations of allegations of discrimination, harassment, and sexual harassment, designed and delivered diversity and inclusion training programs, defused high-profile diversity disputes, published diversity eNewsletters, and spoke on the topics of global supplier diversity, workforce diversity, and cultural authentication.
  • Litigated, arbitrated, and negotiated commercial disputes, as well as litigated and negotiated government contracts, protests, and claims concerning information technology, shipbuilding, and military materiel procurements.
  • Advised U.S. companies entering new markets overseas and foreign companies doing business in the U.S. This included drafting agency, licensing and distribution agreements for large and small companies, working with foreign counsel to assist clients overseas, and navigating U.S. foreign investment reporting requirements.
  • Helped companies prepare global business plans, establish offshore corporations, negotiate commercial contracts, secure foreign government approvals, and obtain financing via Ex-Im Bank, SBA, OPIC, and MDBs.
  • For companies expanding into the U.S. market, advised on federal and state procurement requirements, such as subcontracting plans for the utilization of small, minority, and women-owned businesses.  Also advised foreign companies on product importation issues such as tariff classification, valuation and duty rates, and the benefits of free trade programs such as GSP, AGOA, CAFTA, and NAFTA.
  • Assisted clients with international investment decisions and transactions with everything from conducting due diligence reviews of export controls and sanctions issues, to preparing risk factor assessments and disclosures.
  • Developed, implemented, audited and evaluated internal export compliance programs and procedures to ensure compliance with interlocking, complex regulations, including U.S. export controls, U.S. and international economic sanctions and trade embargoes, U.S. anti-boycott laws, and the U.S. Foreign Corrupt Practices Act.
  • Organized International Trade Missions, including obtaining U.S. Department of Commerce certification, recruiting companies, and providing pre-trade mission training that highlighted compliance with export controls, business-to-business matchmaking, economic incentives, and financing opportunities.
  • Led trade missions to several countries for multinational companies, SMEs and MBEs, to facilitate relationships with, and promote products and services to, potential buyers and strategic business partners globally.
  • Litigated, arbitrated, and negotiated commercial disputes, as well as litigated and negotiated government contracts, protests, and claims concerning information technology, shipbuilding, and military materiel procurements.
  • Advised companies on all aspects of competing for government contracts, including standards of conduct, teaming agreements, competition and sole‑source requirements, negotiations, sealed bidding, mistakes, small and small disadvantaged business preferences, and contract requirements arising under federal statutes and regulations (including FAR, DFAR, AFAR, FCPA, ITAR, EAR, and CFR).
  • Worked with companies in their overall federal procurement marketing efforts to ensure that applicable procurement regulations and legal principles were utilized to achieve maximum competitive advantage, including utilizing procurement preference programs such as SBA 8(a), 8(m), HUBZone, and Mentor-Protégé programs.
  • Incorporated businesses, formed limited liability companies, created non-profit companies, as well as drafted related documents such as bylaws, operating agreements, shareholder agreements, business plans, personnel manuals, and annual reports.
  • Conducted numerous internal diversity audits and vulnerability assessments, performed internal investigations of allegations of discrimination, harassment, and sexual harassment, designed and delivered diversity and inclusion training programs, defused high-profile diversity disputes, published diversity eNewsletters, and spoke on the topics of global supplier diversity, workforce diversity, and cultural authentication.
  • Advised film producers, U.S. professional sports teams, and U.S. college athletics associations on the legal and business aspects of the accurate and respectful depiction of American Indian artifacts, symbols, dress, traditions, rituals, customs, and culture.  Specifically, conducted analyses of performances, cheerleading, mascots, and logos, based on surveys of and interviews with American Indian tribal leaders, traditional use review, historical and cultural research, and intellectual property audits.
PRACTICE AREAS
ADMISSIONS
  • District of Columbia
  • New York
  • Virginia
  • England & Wales
 PROFESSIONAL HONORS, AWARDS AND ACTIVITIES
  • Top Rated Lawyer in International Law & International Trade (American Lawyer Media and Martindale-Hubbell™)
  • AV Preeminent® Peer Review Rating (highest rating in legal ability and ethical standards)
  • 40 Under 40 High Achievement Award
  • Distinguished Military Graduate, U.S. Army ROTC
  • Commission, Second Lieutenant, U.S. Army Infantry
  • Army Unit Citation Award, Desert Shield Desert Storm
  • Department of Defense Meritorious Service Medal
  • Commission, Captain, U.S. Army Judge Advocate General’s Corps
  • Honorable Discharge, U.S. Army
  • Board of Directors, Gennx Technologies, Inc.
  • Co-Chair, Centennial Counselors, St. Albans School
  • World Bank U.S. Minorities Roundtable
  • American Bar Association
  • National Bar Association
  • The Law Society of England & Wales
  • National Asian Pacific American Bar Association
  • National Association of Minority & Women Owned Law Firms
  • Board of Governors, District of Columbia Bar (Secretary)
  • Vice President, Washington Bar Association
  • Board of Governors, St. Albans, The National Cathedral School for Boys (Secretary)
  • Board of Directors, Maryland/DC Minority Supplier Development Council
  • Board of Directors, Beta-Mu Lambda Corporation, Alpha Phi Alpha Fraternity, Inc.
  • Board of Directors, Action to Rehabilitate Community Housing (Vice-Chair)
  • Board of Directors, Afro-American Historical and Genealogical Society (Parliamentarian)
  • Board of Directors, Princeton Club of Washington
  • Board of Directors, Abramson Foundation
  • Steering Committee, Hugh O’Brian Youth World Leadership Congress
  • Annual Dinner Committee, Joint Center for Political and Economic Studies
  • Annual Dinner Committee, Greater Washington Urban League
PUBLICATIONS
  • “Government Contracts Settlements and Negotiations:  Leading Lawyers on Analyzing and Discussing Contracts, Resolving Disputes, and Addressing the Unique Challenges of Negotiations with the Government” (Aspatore Books, Contributor, 2008).
  • “Construction Claims Deskbook:  Management, Documentation, and Presentation of Claims 2001” (Aspen Publishing, Contributor, 2001).
  • “A Primer for the Prudent Corporate Executive: Developing Defenses and Safe Harbors to Counter Challenges to, and Risks Of, Corporate Diversity Programs” (DiversitySpectrum.com Web Magazine, June 2007).
  • “Where Less Means More: Increasing access to ‘mainstream’ capital is critical to the growth of minority owned businesses” (Minority Business Entrepreneur Magazine, Volume 16, Number 6, November/December 1999).
  • “New Sheriff in Town: GSA Schedules could eclipse the 8(a) program as the leading source of federal contract awards to minority businesses” (Minority Business Entrepreneur Magazine, Volume 15, Number 3, May/June 1998).
  • “Strange Bedfellows: GM/CEO Jack Smith and Rainbow/PUSH Founder Jesse Jackson Work Together on Minority Dealer Issues” (Minorities in Business Magazine, July 1998).
  • “Fair Deal: General Motors and the Rainbow/PUSH Coalition hammer out a blueprint for improving GM’s relationship with its minority dealers” (Minority Business Entrepreneur Magazine, Volume 15, Number 4, July/August 1998).
  • “Champion For Diversity ‑‑ Secretary of Defense William Cohen Supports Minority Businesses Breaking Through Glass Ceilings and Concrete Walls” (Minority Business Entrepreneur Magazine, Volume 15, Number 5, September/October 1998).
  • “Ceiling and Visibility Unlimited:  The Legacy of Robert Carter III’s Deed of Manumission and those Manumitted” (Northern Neck of Virginia Historical Magazine, Volume LXII, Number 1, December 2012).
  • “Family Pride – A History of the Thompson and Newman Families” (Northern Neck of Virginia Historical Magazine, Volume LXVIII, Number 1, December 2008).
  • “Barons & Bastards. A History of the Duckenfield Family: From English Origins to an American Presence” (U.S. Library of Congress, 1994; UK Tameside Local Studies and Archives Centre, 2013).
  • “In the Shadow of the Capitol: a Study of the Nature and Dimensions of Residential Segregation in Washington, D.C., 1940-1980” (The Historical Society of Washington, D.C., 1986).
SPEECHES
  • “Access to Markets: Leveraging International Opportunities in Emerging Markets: Brazil, Russia, India, China, and South Africa (BRICS)”  (U.S. Department of Commerce 30th Anniversary MEDWeek Conference, Panelist, 2012).
  • “Impact of Section 342 of Dodd-Frank Act  on Regulation of Financial Services” (Howard University School of Law, Guest Lecturer, 2011).
  • “Briefings by Prime Minister of Lithuania,  U.S. Ambassador to Lithuania, and other Government Officials and Corporate Officers”  (First U.S. Certified Trade Mission to Lithuania, Moderator, 2011).
  • “Global Diversity Panel Discussion” (Black MBA Association & Hispanic MBA Club, Kogod School of Business, American University, Panelist, 2011).
  • “Haiti Crisis Update: Current and Emerging Issues” (West Legal Edcenter Virtual Seminar CLE, 2010).
  • “Small Business Preference Programs” (Fedmarket.com Webinar, 2010-2011).
  • SBA 8(a) Business Development Program:  “What You Need to Know to Get your Client Certified for Preferential Access” (Lawline.com Online Video CLE, 2010).
  • “Legal Implications of Global Diversity Programs” (McDonough School of Business, Georgetown University, 2009).
  • “Diversity” (Patton Boggs LLP Diversity Advisory Board Meeting, Moderator, 2009).
  • “Success of Gateway Trade Mission to Canary Islands” (Spanish Media Press Conference on Spain, Spokesperson, 2008).
  • “SBA 8(a), WOSB, HUBZone Certification eLabs”  (Fedmarket.com, Instructor, 2008-2012).
  • “Legal and Tax Briefing on Gateway Trade Mission to Canary Islands and Spain” (United States Export Assistance Center, Arlington, Virginia, 2007).
  • “Spectrum Exchange Show” (Diversity Spectrum netRadio Interviewer,  Interviewed Congressman Walter Fauntroy about state of civil rights legislation on 60th Anniversary of birth of Dr. Martin Luther King, Jr., 2008)
  • “Diversity Matters Radio Show” (WTOP-AM 1500, Guest,  Interviewed about Global Implications of Corporate Diversity Counseling, 2006).
  • “Spectrum Exchange Show” (Diversity Spectrum netRadio, Interviewer, Interviewed African American U.S. Marine Corps Brigadier General Walter E. Gaskin about corporate diversity and EEO issues, 2006).
  • “Spectrum Exchange Show” (Diversity Spectrum netRadio Interviewer,  Interviewed First Hispanic Woman U.S. Marine Corps Brigadier General Angie Salinas about corporate diversity and EEO issues, 2006).
  • “In the Know TV Public Affairs Show” (Guest,  Interviewed about Corporate Diversity Counseling, Vulnerability Assessments and Internal Audits, 2005).
  • “Collective Bargaining Negotiation Strategies” (National Basketball Referees Association, Chicago, IL, 2004).
  • “Small Business Life Cycle:  Formation to Dissolution and Everything in Between” (National Bar Association National Convention CLE, 1996).
  • “Federal Government Computer Procurement Procedures” (Federal Publications Eastern Briefing Conference, Washington, D.C.,1993).
  • “Small Business Administration 8(a) Program” (U.S. Army SADBU Conference, Aberdeen Proving Grounds, Maryland, 1992).
LANGUAGES
  • Spanish
  • Arabic
  • Mandarin Chinese
EDUCATION
  • QLTT, Oxford Institute of Legal Practice (English Solicitor Qualification) (2011)
  • U.S. Army Judge Advocate General’s School (1996)
  • J.D., Harvard Law School (1989)
  • A.B., Cum Laude, Princeton University (1986)
  • Distinguished Military Graduate, U.S. Army ROTC (1986)
  • St. Albans, The National Cathedral School for Boys, Cum Laude  (1982)