George D. Ruttinger is a Partner and Chair of the Government Contracts Group. He specializes in contract litigation and counseling, including disputes arising out of supply, construction and service contracts. He has represented clients in state and federal courts, arbitration proceedings, minitrials, mediations, and federal administrative agencies.

Mr. Ruttinger also has expertise in complex multi-district litigation of antitrust and tort claims. Mr. Ruttinger graduated with high honors from the University of Michigan Law School, where he was Managing Editor of the Michigan Law Review and was elected to the Order of the Coif. He received his undergraduate degree with high distinction from the University of Michigan and was elected to Phi Beta Kappa. He served as a law clerk to The Honorable Malcolm R. Wilkey of the United States Court of Appeals for the District of Columbia Circuit.

Mr. Ruttinger is a member of the California and District of Columbia bars as well as the bars of seven federal courts of appeals, four federal trial courts, and the U.S. Supreme Court.

Mr. Ruttinger’s pro bono work includes serving as General Counsel of the Equal Rights Center, the leading civil rights enforcement agency in DC.

Mr. Ruttinger has lectured and written on a variety of issues, including government contract claims and disputes, teaming agreements, and alternative disputes resolution proceedings.

In 2006, Mr. Ruttinger was named by the Washington Business Journal as one of three finalists for “Top Washington Lawyer” in Government Contracts.

Published Decisions

• Obtained summary judgment dismissing all claims against major equipment manufacturer in over 1,000 actions in a federal Multi-District Litigation proceeding in which plaintiffs claimed that client conspired to conceal the alleged health hazards of manganese in welding fumes. (In re Welding Fumes Prod. Liab. Litig., MDL No. 1535 (N.D. OH), 2007 WL 3226951, Memorandum and Order, October 30, 2007)
• Defended public owner in action by contractors challenging default termination of two subway contracts and asserting over $40 million in construction claims. After a 45-day trial, a favorable trial court decision, an appellate remand, and a re-trial, the court upheld client’s decision to terminate the contracts, awarded client – the defendant – damages of $21.3 million on its counterclaim for extra costs of completion after the termination, plus $19 million in interest. (Mergentime Corp. v. WMATA, No. 89-1055, 2006 WL 416177 (D.D.C. Feb. 22, 2006), on remand from 166 F.3d 1257 (D.C. Cir. 1999));
• Defended aircraft engine contractor in litigation of nine-figure government claim based upon alleged misallocation of overhead expenses to government contracts, rather than to material supplied under international strategic alliances for the manufacture of commercial jet engines. (United Techs. Corp., Pratt & Whitney, ASBCA Nos. 47416, et al., 2001-2 BCA ¶ 31,592 (2001), remanded, Rumsfeld v. UTC, 315 F.3d 1361 (Fed. Cir. 2003));
• Represented contractor in successful defense against bid protest challenging award of ship repair contract. (Marine Hydraulics Int’l, Inc. v. U.S., 43 Fed. Cl. 664 (1999));
• Managed multi-forum antitrust class action litigation against pharmaceutical manufacturer, with results including dismissal of treble damages claims in federal class actions and decision denying motion to certify nationwide consumer class. (In re Warfarin Sodium Antitrust Litig., 212 F.R.D. 231 (D. Del. 2002)); successfully argued for affirmance of class settlement (In re Warfarin Sodium Antitrust Litig., 391 F.3d 516 (3d Cir. 2004));
• Defended bid protest by competitor against award of contract for upgrading high-speed printing system at the IRS. (Control Data Sys., Inc., GSBCA No. 12876-P, 94-3 BCA ¶ 27,167 (1994));
• In federal court bid protest litigation, obtained permanent injunction against a 10-year, billion dollar postal service contract for express mail service. (Express One Int’l, Inc. v. U.S.P.S., 814 F. Supp. 93 (D.D.C. 1992));
• Successfully defended prime contractor against $3.2 million subcontractor claim for excess costs of disposing of low-level radioactive wastes, and obtained complete recovery on prime contractor's counterclaim. (Nuclear Metals Inc. v. Honeywell, Inc. (D. Mass. 1987), aff'd, 852 F.2d 564 (1st Cir. 1988));
• Represented aerospace contractor in challenging disallowance of IR&D/B&P costs on contracts for jet fighter engines sold to European allies. (United Techs. Corp., ASBCA Nos. 25,540, 25,541, 85-3 BCA ¶18,399 (1985), aff'd, UTC v. U.S., 830 F.2d 1121 (Fed. Cir. 1987));
• Defended public owner in federal court jury trial of claims by construction contractor, resulting in a jury verdict awarding the contractor $100,000 (out of $4.2 million claimed) and allowing owner to retain $400,000 in liquidated damages. (Brinderson Corp. v. Hampton Roads Sanitation Dist., No. 84-1306-A (E.D. Va. 1985), aff’d in part and remanded in part, 825 F.2d 41 (4th Cir. 1987));
• Obtained summary judgment dismissing Constitutional and common law tort claims against the international construction consortium that built the King Khalid Military City. (Stevens v. Morrison-Knudsen Saudi Arabia Consortium, 576 F. Supp. 516 (D. Md. 1983), aff'd, 755 F.2d 375 (4th Cir. 1985));

Engagements

• Representing Asian firm in Stockholm Arbitration with European company to resolve dispute over technology licensing agreement;
• Represented owner in arbitration of claims relating to construction of merchant power plant in desert Southwest, including owner’s claims for lost net revenues resulting from delayed completion (2006);
• Obtained dismissal of qui tam False Claims Act action for failure to prosecute after disqualifying relator’s counsel for reviewing client’s improperly obtained privileged documents. (Peoples ex rel. U.S. v. Eagle-Picher Indus., Inc. (W.D. Mo. 2003));
• Represented major transportation corporation in international arbitration with Dutch port operator regarding alleged breach of a long-term contract for use of a deepsea container handling terminal in Rotterdam. (Europe Container Terminus B.V. v. Sea-Land Serv., Inc., NAI Arbitration No. 2541);
• Prepared amicus brief on behalf of NDIA in appeal of jury verdict awarding lost profits and punitive damages based on alleged breach of oral agreement to team on bid for B-1B subcontract (Cable & Computer Tech., Inc. v. Lockheed Sanders, Inc., et al., No. 01-56722 (9th Cir.)).
• Obtained dismissal of FCA suit brought against client's former subsidiary (US ex. rel Bumgardner v. Datatape, Inc., No. 99-682-A (E.D. Va. 1999));
• Represented aerospace company in suit to enjoin competitor's use of misappropriated trade secrets, resulting in permanent injunction and award of attorneys' fees. (Raytheon Co. v. GTE Gov’t Sys. Corp., No. 96-5983 A (Super. Ct., Mass. 1997));
• Defended manaufacturer of medical supplies against price fixing conspiracy suits in federal and state courts (In re Medical X-Ray Antitrust Litig., No. 93-5904 (E.D.N.Y. 1997));
• In federal court subcontracting dispute, represented prime contractor in defending against $300 million contract claim arising out of termination of subcontract for testing of F-18 avionics; settled claims for zero dollars after 7 weeks of jury trial. (AAI Corp. v. Harris Corp., No. 85-3021 (D. Md. 1989));
• Represented construction contractor in ADR proceeding to resolve $55 million differing site conditions claim arising out of construction of the Tennessee-Tombigbee Waterway for the Corps of Engineers. (Tenn Tom Constructors (ENGBCA 1986)).

Education
University of Michigan Law School - The Order of the Coif
University of Michigan - Phi Beta Kappa

Affiliations
Admitted to practice: District of Columbia, California, U.S. Supreme Court

Publications
"Using Experts in Arbitration," American Arbitration Association's Dispute Resolution Journal, Vol. 62, No. 1 (February 2007/April 2007). Co-Authors: George D. Ruttinger and Joseph L. Meadows.

"Administrative Dispute Resolution Act: A Shot in the Arm for ADR," Public Contractor Newsletter (Winter 1991). Author: George D. Ruttinger.

"The $45 Million Mini-Trial at the Army Corps of Engineers," chapter Containing Legal Costs: Adr Strategies For Corporations, Law Firms And Government, E. Fine and E. Plapinger, eds. (1988). Author: George D. Ruttinger.

"Acquiring the Services of Neutrals for Alternative Means of Dispute Resolution and Negotiated Rulemaking," chapter in Administrative Conference of the United States, SOURCEBOOK: Federal Agency Use of Alternative Means of Dispute Resolution (1987). Author: George D. Ruttinger.

"The Differing Site Conditions Clause: What Are Contract Indications?," 20 Nat'l Cont. Mgmt. J. 67 (1986). Author: George D. Ruttinger.

"The Applicability of the Constitution to Employer-Employee Relations of Government Contractors," 15 Public Contract Law Journal 309 (1985). Author: George D. Ruttinger

Speeches & Presentations
"Innovative Teaming for Today’s Environment: Teaming Challenges and Solutions," ABA Section of Public Contract Law (August 12, 2002). Presenter: George D. Ruttinger.

"Developments in ADR: What's New and What's Not," BCA Judge's Annual Seminar (April 8, 1997). Speaker: George D. Ruttinger.

"Claims & Disputes," The George Washington University Law School (October 24, 1996). Speaker: George D. Ruttinger.

"Alternative Dispute Resolution," Federal Publications Course (February 22-23, 1996). Speaker: George D. Ruttinger.