Publications
Publications and Seminars
Co-Chair, ABA’s 2020 Federal Procurement Institute
Principal Author, "Bid Protests: A Guide to Challenging Federal Procurements," American Bar Association, May 12, 2021
Co-Author, "Not at Home: Reining in General Personal Jurisdiction After BNSF Railway Co. v. Tyrrell," Bloomberg Law Insights, US Law Week, March 22, 2018
Co-Author, “ASBCA Ruling Questions Consideration of Materiality,” Law360, September 30, 2016
Co-Author, “Building Batteries: Keys to a Strong Relationship Between In-House and Outside Counsel,” Corporate Counsel Magazine, April 26, 2016
Co-Author, “Do Words Matter? GAO Says Yes in Bid Protest Decision,” Law360, November 19, 2015
Co-Author, “Protecting Your IP Rights in Government Contracts,” Practising Law Institutes's Intellectual Property Course Handbook, 2015
Experience
Bid Protests
Crafted a precedent-setting argument on the law of procurement integrity to successfully protest a $700 million NASA contract. The GAO decision adopting the argument was identified in numerous legal publications as one of the most significant government contract decisions of 2020.
Led successful protest at COFC of $82 billion logistics contract based on agency’s failure to conduct a meaningful price reasonableness analysis.
Successfully defended a GAO protest challenging client’s $4 billion DOE award for environmental cleanup support services at a nuclear waste site.
Led successful GAO protest of Army missile defense procurement based on agency’s failure to investigate organizational conflict of interest issue.
Successfully protested solicitation for sole source task order deliberately priced by agency below GAO’s dollar threshold for jurisdiction by arguing that agency’s failure to abide by FAR ordering clause also violated the IDIQ contract under which the order issued.
Led the successful protest against the award of $450 million contract to provide comprehensive satellite services contract to the United States Navy.
Led the successful protest and developed a precedent-setting argument challenging a $335 million IDIQ contract award from the FBI for Land Mobile Radio System equipment.
Led the successful defense of an award from the United States Air Force to The Boeing Company to maintain specialized, nuclear-hardened aircraft used to protect and convey the nation's senior leadership in the event of nuclear war.
Overturned CMS's decision to exclude First Coast from the competitive range.
Led the successful defense of $330 Million contract award to Harris Corporation to upgrade FAA's air traffic control communications system.
Other Government Contracts
Obtained dismissal of Northrop Grumman Corporation as defendant in 1498 patent infringement suit through assertion of defenses unique to Court of Federal Claims matters.
Successfully removed complaint that pled only state law claims through novel use of Federal Officer Removal statute. Case was later featured in the American Bar Association's Section of Litigation's flagship journal, Litigation.
Obtained dismissal for a multinational contractor for lack of personal jurisdiction in a state where the company employed thousands of workers and headquartered one of its three primary business units. The decision was one of the first to apply the personal jurisdiction test set forth by the Supreme Court in the Daimler and BNSF Railway cases.
Represent contractors on appeals before the ASBCA arising from Contracting Officer Final Decisions on cost allowability treatment.
Represented contractor against the US Navy before the ASBCA (eventually appealed to the Federal Circuit) arising from alleged design and manufacturing defects. Issues involved determining whether contract was build-to-print or performance based; adequacy of government furnished design drawings and specifications; adequacy of materials testing; adequacy of contractor's manufacturing processes and procedures; responsibility of government for delay and disruption.
Claim against the US Army before the ASBCA arising from excess costs related to wage and labor classifications.
Claim against NASA in the Court of Federal Claims for breach of contract arising out of the International Space Station program.
Qui tam case in the US District Court for the Northern District of Texas involving alleged design and production defects in boats built for the US Coast Guard.
Qui tam case in US District Court for the Middle District of Florida involving alleged labor mischarging.
Internal investigations arising from alleged mischarging of labor and expenses.
Arbitration with Sweden's MOD on a contract dispute over performance specifications.
Negotiations with Australia's MOD on a contract dispute over progress payments and milestones.
GOCO/Environmental Litigation
GOCO CERCLA case by private party alleging owner, operator and arranger liability for waste disposal activities undertaken during wartime.
CERCLA case brought by DOJ alleging owner, operator and arranger liability for waste disposal activities undertaken by the client's subcontractor.
Claim brought by landowner for alleged diminution in value attributable to alleged environmental contamination arising from operations on adjacent property.
Commercial Contract/IP Litigation
Represented US company in breach of contract claim filed in Japan.
Represented US company in patent infringement claim filed in Rome relating to safety device recorder.
Represented US company in patent infringement claims filed in Munich and Paris related to fiber-optic gyroscope technology.
Defended TRO brought by subcontractor to enjoin Foreign Military Sales involving IP in which subcontractor asserted exclusive license rights.
Defended claim brought by third party software developer alleging unauthorized use of copyrighted software development toolkit.
Represented middleweight boxing champion in dispute over enforceability of management contract.
