David Ginsberg is a partner in Crowell & Moring's Government Contracts Group and resident in the firm's Los Angeles office. David leads the firm’s State and Local Practice and in this role, assists clients with: (1) reviewing state and local opportunities (e.g., RFPs, RFIs, and RFQs); (2) participating in face-to-face (or virtual) negotiations with his government counterparts relating to contractual terms and conditions; (3) state and local level bid protests that arise in connection with a procurement; and (4) assessing ongoing contract performance issues that arise in information technology, infrastructure, and health care contracts. Should any disputes result from contract performance, David leverages this experience in order to lead clients successfully through the disputes process.
David also is an experienced counselor to prime and subcontractors on contract formation issues with respect to federal and state procurements, including guiding clients through 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. David has successfully navigated clients through multiple California agencies' protest procedures relating to the contemplated award of information technology, health care, and real estate contracts.
David's practice encompasses all aspects of government contracts law, including counseling clients on developing and adhering to government contract ethics and compliance programs, the False Claims Act (FCA), Contract Disputes Act (CDA) claims, international commercial arbitration, federal and state bid protests, issues relating to the acquisition of commercial goods and services, and other contract formation issues. David regularly conducts internal investigations for aerospace, defense, health care, and emerging technology companies. In this capacity, David has addressed a variety of government contracts issues, including quality control (compliance with design specifications and military specifications), false certifications, defective pricing, and cost mischarging.
David also routinely litigates in federal district and appellate courts, including the U.S. Court of Appeals for the Ninth Circuit. David also represents government contractors before the Armed Services Board of Contract Appeals (ASBCA) which have had contracts terminated for default or convenience. David represents successful awardees and disappointed offerors in bid protests before the U.S. Government Accountability Office (GAO). David's ability to balance risk mitigation with litigation foresight has allowed him to resolve matters successfully. Although David devotes much of his practice to government contracts, he also represents 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.
David graduated from Pepperdine University School of Law where he was a member of the Pepperdine Dispute Resolution Journal editorial board. He received a B.A. in history from the University of California, Santa Barbara, where he graduated with honors.
Affiliations
Admitted to practice: California, U.S. Court of Appeals for the Ninth Circuit, U.S. District Court for the Central District of California
Other Affiliations
Chair, Young Lawyers Division, ABA Public Contract Law Section
2017 Government Contracts Editorial Advisory Board, Law360
Member, American Health Lawyers Association
Highlights, News & Knowledge
Speeches & Presentations
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"State and Local Government: Contracting Risks and Opportunities," Government Contracts "101" - Back to Basics, McLean, VA
(October 23, 2019).
Panelists: David J. Ginsberg and Laura J. Mitchell Baker.
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"Open for Business: State and Local Government Contracting Risks and Opportunities," Crowell & Moring's Ounce of Prevention Seminar (OOPS) 2019, Washington, DC
(May 7, 2019).
Moderator: David J. Ginsberg; Speakers: Laura J. Mitchell Baker and Sarah A. Hill.
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"Open for Business: State and Local Government Contracting Risks & Opportunities," Government Contracts Breakfast Series, Tysons, VA
(March 20, 2019).
Presenters: David Ginsberg, Yuan Zhou, and Christopher Garcia.
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"All Contracting is Local: Insight into State and Local Procurement Process," OOPS 2017, Crowell & Moring's 33rd Annual Ounce of Prevention Seminar, Washington, D.C.
(May 5, 2017).
Presenters: Lorraine M. Campos, David J. Ginsberg, Nkechi Kanu.
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"Identifying and Pursuing Affirmative Recovery Opportunities and Navigating the Trump Era," OOPS 2017, Crowell & Moring's 33rd Annual Ounce of Prevention Seminar, Washington, D.C.
(May 4, 2017).
Presenters: Daniel R. Forman, David J. Ginsberg, Stephen J. McBrady, Brian Tully McLaughlin, Skye Mathieson, and Sharmistha Das.
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"Building a Border Wall: Opportunities, Contractual Risks, and Business Considerations," Crowell & Moring Webinar
(April 25, 2017).
Presenters: Angela B. Styles, Stephen J. McBrady, David J. Ginsberg. Trina Fairley Barlow, and Elizabeth Buehler.
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"Investigations – Part I: Figuring out the Facts," OOPS 2016, Crowell & Moring's 32nd Annual Ounce of Prevention Seminar, Washington, D.C.
(May 25-26, 2016).
Moderator: Peter Eyre; Panelists: David J. Ginsber, Philip T. Inglima, Gail D. Zirkelbach, and Jacinta Alves.
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"The Challenges of Commercial Item Contracting," WOOPS 2016, Crowell & Moring's 32nd Annual West Coast Ounce of Prevention Seminar, Marina del Rey, CA
(May 18, 2016).
Moderator: Lorraine M. Campos; Panelists: David J. Ginsberg and Judy Choi.
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"Doing Business in Regulation Rich California," OCBA's Corporate Counsel Section Meeting, Irvine, CA
(June 17, 2015).
Speakers: David J. Ginsberg and Gail D. Zirkelbach.
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"Health Care," WOOPS 2015, Crowell & Moring's West Coast Ounce of Prevention Seminar, Marina del Rey, CA
(May 14, 2015).
Moderator: David J. Ginsberg; Panelists: Kevin B. Kroeker, Scott J. Moore, and Mark R. Troy.
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"Health Care," OOPS 2015, Crowell & Moring's 31st Annual Ounce of Prevention Seminar, Washington, D.C.
(May 5-6, 2015).
Moderator: David J. Ginsberg; Panelists: David C. Hammond, Troy A. Barsky, and James G. Flood.
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"What Will the New Year Bring: State and Local," Crowell & Moring Webinar
(January 7, 2015).
Presenters: Daniel R. Forman and avid J. Ginsberg.
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"Breaking News – Key Elements of Crisis Management," OOPS 2014, Crowell & Moring's 30th Annual Ounce of Prevention Seminar, Washington, D.C.
(May 13-14, 2014).
Moderator: Daniel R. Forman; Presenters: Richard Arnholt, Erica Elliott, Peter Eyre, David J. Ginsberg, David C. Hammond, Philip T. Inglima, and Gail D. Zirkelbach.
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"Breaking News – Key Elements of Crisis Management," West Coast Ounce of Prevention Seminar (WOOPS), Manhattan Beach, CA
(April 8, 2014).
Moderator: Daniel R. Forman; Presenters: Erica Elliott, Gail D. Zirkelbach, David J. Ginsberg, Amy Laderberg O’Sullivan, Jeffrey H. Rutherford, Angela B. Styles, and Megan A. Maitia.
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"Practical Effects of Sequestration: Contractor Implications," NCMA Lunch & Learn
(March 2013).
Presenter: David J. Ginsberg.
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"Incentive and Award Fee Contracting," NCMA Tutuorial
(January 2009).
Presenter: David J. Ginsberg.
Publications
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"Government Contracts – Clash of Agendas Means More Uncertainty," Crowell & Moring's Regulatory Forecast 2017
(May 2017).
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"Trump’s Ethics Executive Order More Concerned with Post-Government Employment Activities ," Crowell & Moring's Government Contracts Legal Forum
(January 30, 2017).
Authors: Robert A. Burton, Lorraine M. Campos, Peter J. Eyre, David J. Ginsberg and Elizabeth Buehler.
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"Army Office of Energy Initiatives Releases RFP for New Renewable Energy Project at Fort Hood," Crowell & Moring's Government Contracts Legal Forum
(October 23, 2014).
Co-Authors: David J. Ginsberg, Stephen J. McBrady, Cameron Prell, and Matthew B. Welling.
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"En Banc Consideration Of Government Contract Issues At The U.S. Court Of Appeals For The Federal Circuit," Public Contract Law Journal
(Fall 2012).
Co-Author: David J. Ginsberg.
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"Have Courts Eviscerated the 'Necessary' Cost Allocability Standard of FAR 31.201-4(c)?" The Procurement Lawyer
(Winter 2013).
Co-Author: David J. Ginsberg.
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"Let's Get Personal: A Guide to the Interpretation and Implementation of the FAR Personal Conflicts of Interest Rules," The Procurement Lawyer
(Summer 2012).
Co-Author: David J. Ginsberg.
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"The Proposed 'Organizational Conflicts Of Interest' Rule: New Opportunities To Avoid or Mitigate Conflicts," Westlaw Journal
(July 11, 2011).
Co-Author: David J. Ginsberg.
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"Investigations Checklist: Best Practices for Organizing and Conducting Attorney-Client Privileged Internal Investigations," American Bar Association, Section of Public Contract Law
(August 2010).
Co-Author: David J. Ginsberg.
Client Alerts & Newsletters
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"New York State Debarment Risk Update,"
Government Contracts Bullet Points
(April 5, 2019).
Contacts: David J. Ginsberg, Laura J. Mitchell Baker, Lyndsay A. Gorton
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"State and Federal Agencies Look to Contractors in the Wake of Hurricane Florence,"
Government Contracts Bullet Points
(September 14, 2018).
Contacts: Peter Eyre, David J. Ginsberg, Stephen J. McBrady, Amy Laderberg O'Sullivan, Paul M. Rosen
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"Government Liable for $99 Million in Breach of Contract Damages Under Indemnification Clause,"
Government Contracts Bullet Points
(July 24, 2018).
Contacts: Stephen J. McBrady, Jonathan M. Baker, David J. Ginsberg, Skye Mathieson, Paul Freeman, Laura J. Mitchell Baker, Charles Baek
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"Air Force Space Contracts “Watch List” May Preclude Contracts and Subcontracts,"
Government Contracts Bullet Points
(November 28, 2017).
Contacts: Adelicia R. Cliffe, Peter Eyre, David J. Ginsberg, Alan W. H. Gourley, Gail D. Zirkelbach
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"VA Consolidates Fraud Detection, Prevention, and Enforcement Efforts,"
Government Contracts Bullet Points
(June 8, 2017).
Contacts: Lorraine M. Campos, Peter Eyre, David J. Ginsberg
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"Continuing Resolution Expires April 28, 2017,"
Government Contracts Bullet Points
(April 7, 2017).
Contacts: Stephen J. McBrady, Peter Eyre, David J. Ginsberg
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"Introducing Crowell & Moring’s Government Contractor Recovery Practice Performance Review Offering (PRO),"
Government Contracts Bullet Points
(March 16, 2017).
Contacts: Daniel R. Forman, David J. Ginsberg, Stephen J. McBrady, Brian Tully McLaughlin
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"Changes to the Revolving Door: Trump’s Ethics Executive Order,"
Government Contracts Bullet Points
(January 30, 2017).
Contacts: Robert A. Burton, Lorraine M. Campos, Peter Eyre, David J. Ginsberg
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"To Recuse or Not to Recuse: OGE Updates Guidance,"
Government Contracts Bullet Points
(July 26, 2016).
Contacts: David J. Ginsberg, Mark A. Ries
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"Prime Pulls Rug Out From Under Subcontractor Appeal,"
Government Contracts Bullet Points
(September 8, 2014).
Contacts: J. Chris Haile, David J. Ginsberg, Stephen J. McBrady
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"Delaware Joins Trend of Eroding Attorney-Client Privilege Protection of Investigation Materials,"
Government Contracts Bullet Points
(August 13, 2014).
Contacts: Gail D. Zirkelbach, David J. Ginsberg, Judy Choi
Media Mentions
Firm News & Announcements