David J. Ginsberg

Partner

Overview

David Ginsberg is a partner and member of the Steering Committee of Crowell & Moring's Government Contracts Group and resident in the firm's Los Angeles office. David leads the firm’s State and Local Government Contracting Practice in assisting health care, technology, and complex infrastructure clients with all aspects of the government contracting life cycle. David’s team provides 360-degree support encompassing formation (state and local bid protests) issues, performance issues (including scope creep), and government-facing disputes and investigations, as well as closeout issues including audit and third-party reviews and inquiries. David’s team routinely litigates high-stakes cases across many jurisdictions throughout the country; in this capacity, David has been at the forefront in shaping the contours of health care procurement law, including the use of cooperative purchasing.

David serves as co-chair of the firm’s Artificial Intelligence Steering Committee, helping to guide the firm’s use of AI to deliver legal services through process and technology enhancements. 

David also regularly represents buyers and sellers in complex M&A deals involving technology and health care government contractors that operate within state and local markets. In this role, David applies his robust knowledge of state and local regulations and practices to lead due diligence reviews, negotiate transaction documents, navigate contractual assignments and changes in control, and counsel on post-close integration activities.

David has particular knowledge of the statutory and regulatory requirements for doing business in California. When California procurements are the subject of a bid protest, David is ready to assist—he has successfully navigated clients through multiple California agencies' protest procedures relating to the contemplated award of information technology, health care, complex infrastructure, and real estate contracts.

David’s practice focuses on:

  • Counseling clients on all aspects of government contracts law, including ethics and compliance programs, the False Claims Act (FCA), Contract Disputes Act (CDA) claims, international commercial arbitration, and the acquisition of commercial goods and services
  • Conducting internal investigations for aerospace, defense, health care, and emerging technology companies, addressing issues such as quality control, false certifications, defective pricing, and cost mischarging
  • Litigating in federal district and appellate courts, including the U.S. Court of Appeals for the Ninth Circuit
  • Representing government contractors before the Armed Services Board of Contract Appeals (ASBCA) in matters involving contracts terminated for default or convenience
  • Representing successful awardees and disappointed offerors in bid protests before the U.S. Government Accountability Office (GAO)
  • Advising clients in Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution proceedings

A dynamic member of the government contracts bar, David has been recognized in 2014 and 2015 as a Southern California "Rising Star" by Super Lawyers magazine. David is also a frequent lecturer and author on various government contracts topics, including the California procurement regulations, CDA, Cost Accounting Standards (CAS), FCA, mandatory disclosure, and the Federal Acquisition Regulation (FAR).

David externed for the Honorable Ruggero J. Aldisert of the U.S. Court of Appeals for the Third Circuit. He was also a paralegal specialist with the U.S. Securities & Exchange Commission in Los Angeles, where he supported the Pacific Regional Office's Enforcement efforts.

Career & Education

    • Pepperdine University School of Law, J.D., 2005
      Pepperdine Dispute Resolution Journal: Editorial Board 
    • University of California, Santa Barbara, B.A., with honors, history, 2000
    • Pepperdine University School of Law, J.D., 2005
      Pepperdine Dispute Resolution Journal: Editorial Board 
    • University of California, Santa Barbara, B.A., with honors, history, 2000
    • California
    • U.S. Court of Appeals for the Ninth Circuit
    • U.S. District Court for the Central District of California
    • California
    • U.S. Court of Appeals for the Ninth Circuit
    • U.S. District Court for the Central District of California
    • Chair, Young Lawyers Division, ABA Public Contract Law Section
    • 2017 Government Contracts Editorial Advisory Board, Law360
    • Member, American Health Lawyers Association
    • Chair, Young Lawyers Division, ABA Public Contract Law Section
    • 2017 Government Contracts Editorial Advisory Board, Law360
    • Member, American Health Lawyers Association

Representative Matters

  • Represented DXC Technology Company in its acquisition of Molina Medicaid Solutions.
  • Represented DXC Technology Company in the sale of its U.S. State and Local Health and Human Services business to Veritas Capital.