Frederick (Rick) W. Claybrook, is a partner in the Washington, D.C., office of Crowell & Moring, LLP. He was graduated cum laude from Wheaton College (Illinois) in 1973 and with honor from Duke University School of Law in 1976. He was a member of the editorial board of the Duke Law Journal, in which he published two articles. Following his graduation from law school, he clerked for the Honorable Gerald Bard Tjoflat of the United States Court of Appeals for the Fifth Circuit.

Mr. Claybrook has litigated widely in the federal and state courts. He is a member of the bars of the District of Columbia and the State of Ohio, as well as the bars of the United States Supreme Court, several United States Courts of Appeals and District Courts, and the United States Court of Federal Claims. He is a member of the American Bar Association and its Public Contract Law and Litigation Sections. Among other publications, he has authored several law review articles, including Standing, Prejudice, and Prejudging in Bid Protest Cases, 33 Public Contract L.J. 535 (2004); The Initial Experience of the Court of Federal Claims in Applying the Administrative Procedure Act in Bid Protest Actions—Learning Lessons All Over Again, 29 Public Contract L.J. 1 (1999); and Good Faith in the Termination and Formation of Federal Contracts, 56 Md. L. Rev. 555 (1997).

Mr. Claybrook has practiced extensively in the government contract area and has appeared on frequent occasions before the Court of Federal Claims, the General Accounting Office, the Boards of Contract Appeals, and arbitrators. He has also been involved in several minitrials. He has specialized in bid protest actions before the General Accounting Office, “Scanwell” actions before the district courts and the Court of Federal Claims, and in litigation of contract and subcontract disputes, including with the United States Postal Service. He also has substantial experience in terminations, changes, and other government and commercial contracting matters.

Education
Wheaton College (Illinois), A.B., 1973 - cum laude
Duke University School of Law, J.D., 1976 - with honor

Affiliations
Admitted to practice: District of Columbia, U.S. Supreme Court, several U.S. Courts of Appeals and District Courts, the U.S. Court of Federal Claims

Publications
"Please Check Your Crystal Ball at the Courtroom Door – A Call for the Judiciary in Bid Protest Actions to Let Agencies Do Their Job," ABA's Public Contract Law Journal , Vol. 38, No. 2 (Winter 2009). Author: Frederick W. Claybrook.

"It's Patent that 'Plain Meaning' Dictionary Definitions Shouldn't Dictate: What Phillips Portends for Contract Interpretation," 16 Fed. Cir. B.J. 91 (2006). Author: Frederick W. Claybrook.

"Declaratory Judgment Actions - An Effective Tool for Serious Situations," The Procurement Lawyer, Vol. 41, No. 3 (Spring 2006). Co-Authors: Frederick W. Claybrook and J. Chris Haile.

"Standing, Prejudice, and Prejudging in Bid Protest Cases," 33 Public Contract Law Journal 535 (2004). Author: Frederick W. Claybrook, Jr.

"Analysis & Perspective: The Particular Perils of the Sarbanes-Oxley Act for Government Contractors," BNA's Federal Contracts Report, Vol. 78, No. 21 (December 10, 2002). Co-Authors: W. Stanfield Johnson and Frederick W. Claybrook Jr.

"A Modest Proposal: Why Not Award Lost Profits to a Disappointed Bidder?," 33 The Procurement Lawyer 8 (Summer 1999). Author: Frederick W. Claybrook, Jr.

"The Initial Experience of the Court of Federal Claims in Applying the Administrative Procedure Act in Bid Protest Actions-Learning Lessons All Over Again," 29 Public Contract Law Journal 1 (1999). Author: Frederick W. Claybrook, Jr.

"The Termination Loss Ratio Formula: A Suggested Alternative to More Accurately Account for Constructive Changes," 71 BNA's Federal Contracts Report 236 (1999). Co-Authors: Frederick W. Claybrook, Jr. and Mark Bleiweis.

"Why Not Bring a Bid Protest in the GSBCA - Or in the ASBCA, for That Matter?," 69 Federal Contracts Report 602 (May 1998). Author: Frederick W. Claybrook, Jr.

"Good Faith in the Termination and Formation of Federal Contracts," 56 MD Law Review 555 (1997). Author: Frederick W. Claybrook, Jr.

"The Federal Courts Improvement Act Needs Improvement: A Renewed Call for Its Amendment," 21 Public Contract Law Journal 1 (1991). Author: Frederick W. Claybrook, Jr.

"Section 1981 and Discrimination in Private Schools," Duke L.J. 125 (1976). Author: Frederick W. Claybrook, Jr.

"Implied Waiver of a State's Eleventh Amendment Immunity," Duke L.J. 925 (1974). Author: Frederick W. Claybrook, Jr.

Speeches & Presentations
"Contract Claims and Disputes," Crowell & Moring's Ounce of Prevention Seminar (OOPS) (May 28, 2009). Co-Speakers: Frederick (Rick) Claybrook Jr., J. Chris Haile, Thomas A. Kruza III, Matthew W. Cheney.

Government Contracts Masters Program, George Washington University School of Law (1997-2004). Guest Lecturer: Frederick W. Claybrook, Jr.

"Changes for Engineers: Protecting Your Bottom Line," (2003). Video Lecturer: Frederick W. Claybrook, Jr.

"Trial Preparation," Christian Legal Society Seminar (2003). Speaker: Frederick W. Claybrook, Jr.

"The Particular Perils of the Sarbanes-Oxley Act for Government Contractors (and Their Auditors)," Maryland Ass’n of CPAs (MACPA) (2003). Lecturer: Frederick W. Claybrook, Jr.

"Update on GAO and the Court of Federal Claims––Protests, Terminations, and Breaches," Crowell & Moring OOPS Conference (1999). Speaker: Frederick W. Claybrook, Jr.

"Litigating Government Contracts Claims," ABA Public Contracts Section Seminar (1999). Lecturer: Frederick W. Claybrook, Jr.

"Developments in Bid Protest Law––Can't Anybody Read an RFP Anymore?," Crowell & Moring OOPS Conference (1998). Speaker: Frederick W. Claybrook, Jr.

"The Renewed Importance of the Court of Federal Claims in Bid Protest Cases," Crowell & Moring OOPS Conference (1998). Speaker: Frederick W. Claybrook, Jr.

"What You Don't Know Can Help You," The United Technologies Corp. Government Contracts Seminar (1998). Guest Lecturer: Frederick W. Claybrook, Jr.

"Termination or Breach––Where's the Money?," Crowell & Moring OOPS Conference (1997). Speaker: Frederick W. Claybrook, Jr.

"Developments in Termination Law––A Study in First Principles Forgotten," Crowell & Moring OOPS Conference (1996). Speaker: Frederick W. Claybrook, Jr.