David Z. Bodenheimer is a partner in the firm where he heads the homeland security practice and specializes in government contracts matters, False Claims Act and qui tam suits, and privacy and cybersecurity issues. Resident in the DC Office, Mr. Bodenheimer joined the firm in 1988.

Litigation. Mr. Bodenheimer litigates government defective pricing and cost claims, False Claims Act suits, prime-subcontractor disputes, bid protests, and other government contracts matters. These litigations include extended trials in federal district courts and the Boards of Contract Appeals, classified matters (both secret and special access) in federal court and before GAO, and alternate dispute resolution. Some highlights include:

• Wynne v. United Technologies Corp., 463 F.3d 1261 (Fed. Cir. 2006), affirming 05-1 BCA 32,860 and 04-1 BCA 32,556 (defeated $299 million defective claim after 33-day trial and Federal Circuit appeal).
• United States ex rel. Ackley v. International Business Machines Corp., 76 F. Supp. 2d 654 (D. Md. 1999) (briefed and argued jurisdictional dismissal of qui tam relator’s fraud claims)
• Bendix Field Engineering Corp., B-246236, 92-1 CPD 227 (prevailed in protest against $125 million award involving a host of cost realism issues)

Government Contracts. Mr. Bodenheimer represents clients in high technology industries (computer hardware and software, biotechnology, satellite and space services, and military avionics and equipment) and government contract services. He counsels clients, lectures, and writes extensively on a variety of government contract matters (such as default terminations, government investigations, cost/pricing disputes, past performance, and organizational conflicts of interest). With his broad experience in both government and private practice, he assists clients in developing compliance programs and risk avoidance strategies.

Homeland Security.Mr. Bodenheimer serves as the head of the firm's Homeland Security practice. He has testified in House Homeland Security Subcommittee hearings on the SAFETY Act and anti-terrorism technology and has supported legislative enhancements to SAFETY Act implementation. As Vice-Chair of the ABA Science and Technology Section's Homeland Security Committee, he supports ABA activities, publications, and panels on the latest technology developments in the homeland security arena. He provides advice, speaks and writes on homeland security and biodefense issues (including SAFETY Act coverage, chemical and biological protection, anti-terrorism technology and initiatives) with an emphasis on the intersection between government contracts, privacy, and homeland security.

Privacy. In the privacy arena, Mr. Bodenheimer handles emerging dilemmas arising out of data sharing, information technology (IT) interoperability, cybersecurity, and privacy concerns in the homeland security, postal service, and healthcare industries. His privacy counseling spans the Privacy Act, Federal Information Security Management Act (FISMA), USA PATRIOT Act, electronic workplace monitoring, state security breach notification laws, HSPD authentication and biometrics, and federal electronic surveillance. He is a member of the International Association of Privacy Professionals (IAPP) and is accredited as a Certified Information Privacy Professional.

Prior to joining Crowell & Moring LLP, Mr. Bodenheimer worked for the Department of the Navy from 1982 to 1988 in various positions, including Assistant to the General Counsel, where he handled default termination litigation, suspension and debarment, foreign military sales, major claims and disputes, and bid protests (GAO, agency, and district court cases). Mr. Bodenheimer is admitted to practice in North Carolina and the District of Columbia.

Education
University of North Carolina, B.A., 1978
University of North Carolina, M.B.A., 1982
University of North Carolina Law School, J.D., 1982

Affiliations
Admitted to practice: District of Columbia, North Carolina

Publications
"SAFETY Act Liability Protection for Service Contractors in the Homeland Security Business: Why It's Important and How to Get It," CSA Service Contractor, p.14 (Winter 2007). Co-Authors: Linda S. Bruggeman and David Z. Bodenheimer.

"Government's Defective Pricing Claim in the Great Engine War Flames Out at the Federal Circuit," The Government Contractor, Vol. 48, No. 36 (October 4, 2006). Author: David Z. Bodenheimer.

"When Cyber Barbarians Storm the Security Walls: The Mounting Risks of Security Breaches to Federal Agencies & Contractors," BNA Federal Contracts Report, Vol. 86, No. 12 (October 3, 2006). Author: David Z. Bodenheimer.

"Pulling the Plug on the Nation's Power Grid: Cyberthreats and Homeland Security Challenges," The SciTech Lawyer, Vol. 2, No. 4 (Spring 2006). Author: David Z. Bodenheimer.

"When Homeland Security Goes Abroad: The Global Collision of Privacy & Anti-Terrorism Laws," BNA's Federal Contracts Report, Vol. 85, No. 16 (April 25, 2006). Co-Authors: David Z. Bodenheimer and Kris D. Meade.

"Country Q&A: United States Data Protection," Practical Law Company, Vol. 2: Data Protection (2006-07). Co-Authors: Gaela Bailey, David Z. Bodenheimer, Benjamin T. Butler, Christopher Calsyn, Robin B. Campbell, Charles C. Hwang, Kris D. Meade, Jeremy Rhyne and John Stewart.

"'False' or 'Inaccurate' Estimates," Briefing Papers, No. 5-13 (December 2005). Author: David Z. Bodenheimer.

"The Strange Notion of Estimates as Fraud: Will Weather Predictions Be Next Under the False Claims Act?," The Procurement Lawyer, Vol. 4, No. 40 (Summer 2005). Author: David Z. Bodenheimer.

"Privacy vs. Information Sharing: The Gathering Storm Over Homeland Security and How Contractors Can Reduce Their Risks," Federal Contracts Report, Vol. 83, No. 21 (May 25, 2005). Author: David Z. Bodenheimer.

"Competition Trumps Defective Pricing Claim in the Great Engine War," The Government Contractor, Vol. 47, No. 8, pp47-48 (February 23, 2005). Author: David Z. Bodenheimer.

"Homeland Security Now and Later: Emerging Issues and New Perils in Contracting," The Clause, Vol. XIV, Issue 4 (November/December 2003). Author: David Z. Bodenheimer.

"The SAFETY Act Interim Regulations: Will They Fulfill the Homeland Security Mission By Stimulating Innovations in Antiterrorism Technology?," Federal Contracts Report, Vol. 80, No. 16 (November 4, 2003). Author: David Z. Bodenheimer.

"Technology for Border Protection: Homeland Security Funding and Priorities," Journal of Homeland Security (August 2003). Author: David Z. Bodenheimer.

"Finding Dollars for Biodefense: Opportunities and Challenges for Biotech Firms," Genetic Engineering News, Vol. 23, No. 10 (May 15, 2003). Author: David Z. Bodenheimer.

"Is the SAFETY Act Safe? Homeland Security and the Politics of Tort Liability," 45-17 The Government Contractor 181 (April 30, 2003). Author: David Z. Bodenheimer.

"Biotechnology Sellers Beware: The Risks and Opportunities of Doing Business with the Government," 22 Biotechnology Law Report 88 (April 2003). Author: David Z. Bodenheimer.

"Economic Price Adjustment Clauses: Pricing Pretzels and Pitfalls," Gov't Cont. Audit Rep. 16-20 (Fall 2002). Co-Authors: David Z. Bodenheimer and J. Chris Haile.

"The A-76 Commerical Activities Panel Report: Irreconcilable Differences Meet Mission Impossible," 78 Fed. Cont. Rep. (BNS) 187 (August 6, 2002). Author: David Z. Bodenheimer.

"Putting Teeth into the False Claims Act’s Pre-Complaint Disclosure Requirements for Relators," The Procurement Lawyer, Vol. 4, No. 37 (Summer 2002). Author: David Z. Bodenheimer.

"Profits in Government Contracting: The Continuing Tug of War," Gov't Cont. Audit Rep. 12-16 (November 2001). Author: David Z. Bodenheimer.

"Damages Under the False Claims Act: Is the Sky the Limit?," Gov't Cont. Audit Rep. 16-20 (September 2000). Author: David Z. Bodenheimer.

"The New Battleground: Defective Pricing Invades Competitive Procurements," Gov't Cont. Audit Rep. 16-20 (December 1999/January 2000). Author: David Z. Bodenheimer.

"Past Performance: The Sequel," 8-3 Topical Issues in Procurement Series, 37 Cont. Mgmt. (September 1997). Author: David Z. Bodenheimer.

"Responsibility of Prospective Contractors," Briefing Papers 97-9 (August 1997). Author: David Z. Bodenheimer.

"Contractors Caught in the Cross Fire of Appropriations Law," 2-5 Government Contract Audit Report 14-16 (June 1997). Author: David Z. Bodenheimer

"Cost Realism Analysis: The Myth of Unfettered Agency Discretion," 58 BNA Federal Contracts Report 24 (July 13, 1992). Author: David Z. Bodenheimer.

Speeches & Presentations
"Cyberspace and Homeland Security: Vulnerability and Opportunity," Crowell & Moring Homeland Security Breakfast Series, Washington, DC (Jan. 24, 2008). Moderator and Speaker: David Z. Bodenheimer.

"Homeland Security Technology: Where the Technology is Going & the Money is Flowing," Crowell & Moring Homeland Security Breakfast Series, Washington, DC (Nov. 15, 2007). Speaker & Panel Moderator: David Z. Bodenheimer.

"Future of Homeland Security Technology," Crowell & Moring Homeland Security Breakfast Series, Washington, DC (Sept. 18, 2007). Moderator: David Z. Bodenheimer.

"Cybersecurity: Old Targets, New Strategies," ABA Annual Conference, Public Contract Law Section, San Francisco (Aug. 12, 2007). Moderator: David Z. Bodenheimer.

"Playing by Its Own Rules: TSA's Exemption from the Federal Acquisition Regulation, and How It Impacts Partnerships with the Private Sector," Testimony before the House Homeland Security Subcommittee on Management, Investigations and Oversight, 110th Cong. (Aug. 1, 2007). Witness: David Z. Bodenheimer.

"Government Contract Claims: The Expanding Litigation Battlefield on Estimates in False Claims Act suits and Defective Pricing Actions," ABA Public Contract Law Section and Center for CLE Teleconference, Washington, DC (March 2007). Speaker: David Z. Bodenheimer.

"Discussion with Stewart Baker (DHS Assistant Secretary for Policy): Biodefense, Cybersecurity, and Technology Issues in Homeland Security," ABA Science and Technology Section's Committee on Homeland Security, Washington, DC (January 2007). Moderator: David Z. Bodenheimer.

"Helping Business Protect the Homeland: Is the Department of Homeland Security Effectively Implementing the SAFETY Act: Testimony Before the House Homeland Security Subcommittees on Management, Integration & Oversight and Emergency Preparedness, Science & Technology, 109th Cong. (Sept. 13, 2006). Witness: David Z. Bodenheimer.

"IT Homeland Security Risks & Opportunities: Technology, Privacy & Cybersecurity," BNA 4th Annual Homeland Security Contracting Opportunities Conference, Washington, DC (May 2006). Presenter: David Z. Bodenheimer.

"Privacy & Cybersecurity Dilemma in Balancing the Homeland Security Mission to Gather & Share Information," BNA 3rd Annual Homeland Security Contracting Opportunities Conference, Arlington, VA (May 2005). Presenter: David Z. Bodenheimer.

"Border & Transportation Security: Emerging Issues & Practical Perils in Contracting," BNA 2nd Annual Contracting with DHS Conference (May 2004). Presenter: David Z. Bodenheimer.

"Defective Pricing & False Claims Act," Federal Publications Seminar - Washington, DC (Septempber 2003-present). Speaker: David Z. Bodenheimer.

"Pricing of Adjustments in Administration of Government Contracts," The George Washington University Law School (1997 and 1998). Speaker: David Z. Bodenheimer.