Brad Fagg

Practice Areas

Brad Fagg, co-leader of the firm’s energy litigation practice and a long-time senior member of the firm’s government contracting practice, he guides sophisticated commercial clients through high-stakes contractual and regulatory disputes, and government and internal investigations. He also advises on predispute counseling matters. With emphases on the energy and federal procurement industries, he has handled scores of major matters for utilities and other energy companies. He often serves as lead counsel at trial and in appellate proceedings. Brad is the pro bono partner for the firm's Washington, DC office.

He is lead counsel for most of the US nuclear utilities in their claims against the federal government regarding the government’s obligations to accept and dispose of spent nuclear fuel. He has secured multiple hundred-million-dollar settlements and trial verdicts for such clients, and then successfully defended the awards upon appeal. Under his leadership, Morgan Lewis teams have won the electric utility industry an aggregate of more than $3 billion in judgments and settlements. In claims against the government, he maximizes recovery through a deep knowledge of opposing counsel and presiding judges, and efficient deployment of pretrial resources.

Before joining Morgan Lewis, he served as a trial attorney in the Civil Division of the US Department of Justice, handling civil fraud cases, procurement disputes, takings claims, and employment appeals. His trial work involved construction and other commercial contract disputes, including multimillion-dollar government contract claims, and civil fraud investigations. In that role, he briefed and argued cases before the US Court of Appeals for the Federal Circuit and other courts of appeal.

To learn more about Brad and his experience, please go to: https://www.morganlewis.com/bios/bfagg.

Personal

Wake Forest University, 1985, B.A.; Columbia Law School, 1988, J.D.

Industry Sector Expertise

Energy