Representative Engagements

  • Successfully defended a U.S. aerospace company in a grand jury investigation in Florida alleging collaboration with an Israeli Air Force general who stole millions in U.S. aid funds. By contract, our client's principal competitor pleaded guilty and paid $69 million in damages and fines.
  • After a three-week bench trial, the court ruled in favor of our client on virtually every issue in a case based on defective pricing and awarded a judgment less than half that originally offered by the company in settlement of related non-fraud claims.
  • Successfully argued that an internal corporate reorganization was not a "change in cost accounting practice" requiring a contract price adjustment under the CAS clause. Perry v. Martin Marietta Corp., 47 F.3d (Fed. Cir. 1995), aff'g Martin Corp., ASBCA Nos. 38920, 41565, 92-3 BCA 25,175.
  • Achieved favorable decision on the allowability of lump sum wage payments in lieu of salary increases. Boeing Aerospace Operations, Inc., ASBCA Nos. 46,274, 46, 275, 94-2 BCA 26,802, aff'd on recon., 94-3 BCA 27,281.
  • Defended a major U.S. aerospace company against State Department administrative charges arising from the alleged unauthorized transfer of technical data and performance of defense services in connection with satellite launch in China.
  • Successfully defended defective-pricing-based False Claims Act case (in federal district court - one of the few tried to conclusion) principally involving alleged nondisclosure of changes to a bill of materials. United States v. UTC, 51 F.Supp.2d 167 (D. Conn. 1999).
  • Established that the Navy breached a "dual source" commitment that Pratt & Whitney would share in Navy jet engine awards, soliciting and accepting a competitor's 100% "buy-or" offer, leading to recovery of $150 million in common law damages, including lost profits. United Technologies Corp., ASBCA Nos. 46880, 46881, 97-1 BCA 28,818.
  • Subcontractor Claim: sustained a subcontractor's "changes" claim for the cost of testing a stream turbine generator, testing not contemplated by the prime contract but required by the Corps of Engineers. CBI NA-CON, Inc. ASBCA NO. 42268, 93-3 BCA 26187.
  • Latent Defects: defeated a $45 million Army latent defect claim that helicopters did not meet fatigue life requirements by establishing that no contract requirements supported the claim. UTC, Sikorsky Aircraft Div. V. United States, 27 Fed. Cl. 393 (1992).
  • Obtained summary judgment on behalf of aircraft engine manufacturer against conspiracy and monopolization claims by would-be distributor of aeroengine aftermarket services.
  • Participated in briefing that persuaded the Supreme Court to approve and define the "government contractor defense" against product liability claims. Boyle v. United Technologies Corp., 487 U.S. 500 (1988).
  • Represented a major technology company in litigation arising out of the disappearance of a Navy pilot during the Gulf War, Speicher-Harris v. Motorola, No. 98-1008-Civ-J-20B (M.D. Fla.). The Complaint asserted common law claims of negligent product design and manufacture, failure to warn and strict liability. The plaintiff voluntarily dismissed her claims with prejudice during the initial discovery phase.