Jeffrey Marburg-Goodman, J.D.

Profile     

Senior Legal Counsel and International Governance Consultant with extensive experience leading and advising in the areas of corporate/governmental compliance and risk mitigation strategy; government contracts, grants and partnerships with/within the private sector; institutional capacity-building and training of individuals and organizations; project implementation. Energized by both leading and supporting diverse groups and disciplines so as to leverage their talents—and ultimately achieve compliance-assured business and policy objectives.

Served previously as USAID’s Chief Acquisition & Assistance Counsel, as well as senior U.S. Government representative to numerous organizations including the G-7, OECD and World Bank on policy initiatives impacting international affairs, especially in the developing world.

Key Skills                                   

Risk Management & Mitigation: Trusted advisor to senior leadership in both public and private sectors, providing legal protection as well as guarding corporate/NGO brand and personal reputations.

Government Contracts, Grants & Public-Private/Commercial Partnerships: Extensive experience advising and supporting senior government officials, federal contractors and global humanitarians in all matters related to these three disciplines.

Corporate Governance/Institutional Development: Subject Matter Expert in building systems and training public and private sector groups in procurement and financial management,  international commercial transactions, and organizational development.

Human Rights/Social Justice: Led anti-discrimination regulatory reform efforts at the White House, State Department and USAID respecting existential categories including pregnancy, marital status, sexual orientation, gender identity, political affiliation, and genetic information.

Career Summary

Independent Governance Consultancies (2006-Present)

Have served as an advisor and consultant to organizations in both the public and private sectors in the areas of institutional strengthening, risk management, and compliance-assured project implementation. Provide technical assistance and training to U.S. and developing country partners in the areas of international commercial transactions, public procurement, and organizational development.  For example: 

  • For Creative Learning, Inc., have provided legal, governance and training support including drafting and review of numerous partnering agreements; services support for corporate acquisitions, procurement and intellectual property matters, foreign country registrations, business development and Board issues. (2013-Present)
  • For International Law Institute (ILI)participated in the creation and implementation of a nation-wide procurement system (law, regulation and related training) for the country of Mauritius; performed procurement trainings for senior officials, members of Parliament, and technical personnel of the Governments of Gambia, Ghana, Hong Kong China, India, Mongolia, Nigeria, Rwanda, Saint Vincent & Grenadines, Saudi Arabia, and Uganda, as well as of the World Bank. (2007-Present)
  • For International Development Law Organization (IDLO), performed training in organizational development and commercial transactions for senior officials and technical personnel of the Governments of Botswana, Ethiopia, Lesotho, Namibia, and Swaziland. (2007-2009)
  • For Alatech, Inc. served as consultant and legal adviser concerning USG acquisition law and regulations, company business processes and pricing challenges posed by offshoring of competing aid (2006-2009)
  • For DAI, performed technical assistance and training to Attorneys General of approximately 10 state Governorates in Nigeria. (2008)

Senior Legal Advisor, Creative Associates International (July 2017-Present), General Counsel, Creative Associates International  (2006-2010; 2012-2017)

Reporting directly to Creative Associates’ President/CEO and Creative Learning’s President, with legal responsibility for the $1 billion portfolio of grants, cooperative agreements and contracts of these two sister organizations— including corporate compliance and risk management, guidance on acquisitions, litigation, intellectual property, and employment and taxation issues; oversight of outside counsel in the U.S. and 40+ other countries.

  • Serving on the Executive Leadership team of Creative Associates (“Creative”), a leading private implementer of global development programs, with major programs in education, stabilization, and democracy/governance.
  • Pursuing and forging innovative solutions to difficult project implementation issues worldwide including, in recent years, in Afghanistan, Libya, Pakistan, Turkey, Central America, with on the ground services provided in Morocco, Tanzania, Yemen and Zambia.
  • Leading on foreign country registration processes and vetting/selection/oversight of outside counsel (both U.S. domestic and overseas).
  • Guiding staff on requirements of, and changes to, relevant (for-profit and non-profit) USG laws and regulations, including Federal Acquisition Regulation, OMB Circulars, ethics and anti-bribery rules and regulations.
  • Have successfully prevented initiation of legal action against either organization in any U.S. tribunal during tenure.
  • Successfully negotiating no-cost settlement of complex intellectual property suit brought by large corporation against Creative (initiation of suit pre-dated tenure).
  • Successfully defending against overseas labor cases overseas, or dispatching with reasonable settlements.
  • Leading responses to, and resolution of, multiple U.S. Government watchdog investigations (e.g., Inspectors General) involving Creative, with 100% record of “no follow-up action” taken against the organization.
  • Performing legal reviews and/or drafting (hundreds of) Teaming, NDA, MOU, and other co-venture agreements for the two organizations. Drafting or editing, among others, licensing agreements, consulting contracts, leases, and claims, as well as Creative’s Handbook Manuals setting forth internal and external compliance policies.
  • Performing internal compliance reviews, including program reviews both at Creative HQ and abroad.
  • Providing broad ethics training to all employees, as well as targeted training in areas such as conflicts of interest, anti-trafficking and child protection rules, and Foreign Corrupt Practices Act.
  • Contributing to Creative’s business development and outreach, as well as internal mentoring and coaching.

United States Agency for International Development, USAID (2000-2006; 2010-2012)

Senior-level Counsel at the U.S. Government agency responsible for administering civilian foreign aid; served as Administrator’s Special Counsel as well as Agency’s Chief Procurement Counsel (Assistant General Counsel for Acquisition & Assistance). 

Special Counsel to the USAID Administrator (2010-2012)

Directly assisted the Administrator and other senior staff in navigating the legal and regulatory framework necessary to forge groundbreaking reforms in the delivery of foreign assistance, as well as to partner with a broader range of partners, including in the innovation space; represented the Agency at State Department and White House-led interagency policy committee (IPC) meetings.

  • USAID team lead for “Aid Effectiveness” and “Contracting Out” chapters of State Department’s Quadrennial Diplomacy and Development Review (QDDR).
  • Served as USAID representative to the White House IPC on expanding international human rights. Led the expansion of human rights protections in development, including drafting and implementing USAID’s new non-discrimination policy for contractors and grantees with respect to sexual orientation, gender identity, pregnancy, marital status, and other existential categories.
  • As senior legal counsel, helped lead effort to create three new USAID offices, including the Global Development Lab; participated in the conception and implementation of the Agency’s USAIDForward reforms.
  • As director of USAID’s Congressional Oversight Response Team, led Agency’s response to House and Senate oversight of the Agency.
  • As part of USAIDForward’s localization activity, led multiple teams conducting “Country System Assessments” of central government Ministries and provincial governments across Asia and Middle East.

Assistant General Counsel for Acquisition & Assistance (Chief Procurement Counsel) (2000-2006)

Directing a team of seven attorneys and additional support staff at USAID, carried overall legal responsibility for most  of  U.S.  foreign  aid  program’s  implementation  mechanisms;  portfolio  contained  worldwide U.S. Government contracts, grants, and cooperative agreements worth in excess of $30 billion. Served on Senior Staff to General Counsel and as Acting General Counsel in his absence.

  • Salient achievements included: leadership in the successful design and (protest-free) award of $5 billion+ in Iraq and Afghanistan reconstruction contracts, the largest country reconstruction programs since post-WWII Marshall Plan; provision of creative legal solutions ensuring success of largest-ever HIV/AIDS, tuberculosis and malaria health programs; quick-turnaround legal interventions to ensure timely earthquake and tsunami relief worldwide. 
  • Policy work and USG representational duties, with achievements that included representing USG at OECD technical meetings that led to the 2005 Paris Declaration; leading U.S. delegations to World Bank-OECD international systems strengthening initiatives that have improved governance mechanisms worldwide; successful negotiation at G-7 and OECD of first-ever international agreements on procurement transparency and foreign aid untying.
  • Served on USAID’s Business Transformation Executive Committee, Anticorruption Steering Committee, Development Assistance Working Group (interagency). Held USG Top Secret Security Clearance.

Earlier Positions

USAID/Asia-Near East Bureau: Attorney Advisor

Patton Boggs, LLP: Associate Counsel, Washington, D.C.

Shearman & Sterling: Associate Counsel, New York & Paris, France

Education

Harvard Law School, Juris Doctor

Amherst College, Bachelor of Arts (with Honors and Phi Beta Kappa)

Executive Education

Federal Executive Institute, U.S. Office of Personnel Management: Senior Leaders Program (certificate)

U.S. Army, Judge Advocate General’s Legal Center & School: Appropriations Law Program (certificate)

U.S. Army, Judge Advocate General’s Legal Center & School: Government Contracts Program (certificate)

Professional Affiliations & Skills; Civic Contributions

  • Member, Board of Directors, Artistic Freedom Center
  • Member, Board of Directors, Creative Learning,
  • Participant, Bipartisan Congressional Task Force on State/USAID Reform & Reorganization (June-July 2017)
  • Member: Society for International Development, Washington Foreign Law Society
  • Past Co-Chair, International Procurement Committee, ABA Section of International Law
  • Past Fellow, Rotary International (Université Aix-Marseille, Aix-en-Provence, France
  • Bar Admissions: Washington, D.C., New York State
  • Native English speaker; Fluent in French.
  • Participant at the Renaissance Weekend Ideas Conferences (Aspen Institute, Colorado & Charleston, South Carolina)
  • Supporter: Council for Global Equality, Human Rights Campaign, Urban League, Vital Voices Global Partnership

Publications of Note

  • Washington Post: Opinion Editorial “Signing On To Employment Equality,” May 16, 2013.
  • OECD Publication: “Handbook on Contracting Out Government Functions and Services In Post-Conflict and Fragile Situations” (Contributor), Spring 2010
  • ABA Journal: “OECD Developments & Foreign Aid Untying,” Summer 2006
  • ABA Journal: “USAID’s Iraq Procurement Contracts,” Fall 2003