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John E. McCarthy

Partner

Overview

John E. McCarthy, Jr. is a partner in the Washington, D.C. office of Crowell & Moring and member of the firm's Government Contracts Group. John has spent more than thirty years litigating all forms of government contracts cases for both large and small government contractors, with a particular emphasis on bid protests. Because of John's strong engineering background, he has particular experience in technology related issues, including litigation regarding complex technology and data rights, patent and other intellectual property issues.

John has litigated hundreds of bid protests at the U.S. Government Accountability Office, the U.S. Court of Federal Claims, the Small Business Administration, and other U.S. government agencies as well as numerous state and local forums. John has also litigated and provided counseling on the full range of government contracts issues, including contract formation, organizational conflict of interest, patent and data rights, small business and other socioeconomic concerns, contract claims, prime/sub disputes, as well as issues relating to non-procurement vehicles, such as grants, cooperative agreements, and other transactions. John has also provided counseling and defended clients in connection with allegations of fraud and false claims, including actual or threatened suspension/debarment and qui tam litigation.

John has been named a recognized practitioner in the government contracts field by Chambers USA, is an Acritas Star, Acritas Stars Independently Rated Lawyers (2018, 2019), and has been recognized by Super Lawyers.

Prior to joining Crowell & Moring in 1989, John worked for ten years designing and developing a variety of computer and communication systems for various companies, including IBM Corporation and the Jet Propulsion Laboratory.

John is a member of the bars of the District of Columbia, Maryland and Virginia, as well as various federal district and appellate courts. He is active in the ABA Public Contract Law Section, serving as a co-chair of the Federal Procurement Division and as vice-chair of the Research & Development/Intellectual Property Committee.

John has written and spoken extensively on government contracts technology issues and intellectual property rights.

John is a member of the firm's Pro Bono Committee and makes pro bono work a constant part of his practice. He was the recipient of the John Carroll Society Pro Bono Legal Services Award. 

Career & Education

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    • Rockhurst College, B.S.E.S., 1976
    • Catholic University of America, M.S.E.E., 1978
    • Catholic University of America, Columbus School of Law, J.D., 1989
    • Rockhurst College, B.S.E.S., 1976
    • Catholic University of America, M.S.E.E., 1978
    • Catholic University of America, Columbus School of Law, J.D., 1989
    • District of Columbia
    • Maryland
    • Virginia
    • District of Columbia
    • Maryland
    • Virginia

John's Insights

Client Alert | 2 min read | 03.11.24

Just Trust Me on This: Allegation of Contract’s Existence Is Sufficient to Establish Jurisdiction Under Contract Disputes Act

The U.S. Court of Appeals for the Federal Circuit held in Avue Technologies Corp. v. Department of Health and Human Services that an appellant’s non-frivolous allegation of a contract with the government via an end-user license agreement (EULA) incorporated into another contractor’s Federal Supply Schedule (FSS) agreement was sufficient to establish jurisdiction under the Contract Disputes Act (CDA)....

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John's Insights

Client Alert | 2 min read | 03.11.24

Just Trust Me on This: Allegation of Contract’s Existence Is Sufficient to Establish Jurisdiction Under Contract Disputes Act

The U.S. Court of Appeals for the Federal Circuit held in Avue Technologies Corp. v. Department of Health and Human Services that an appellant’s non-frivolous allegation of a contract with the government via an end-user license agreement (EULA) incorporated into another contractor’s Federal Supply Schedule (FSS) agreement was sufficient to establish jurisdiction under the Contract Disputes Act (CDA)....