Education

  • University of California, Santa Barbara, B.A. HIstory (2000) With Honors
  • Pepperdine University School of Law, J.D. (2005) Member, Pepperdine Dispute Resolution Journal Editorial Board

Admissions

  • California
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, Central District of California

David J. Ginsberg

Partner
dginsberg@crowell.com
+1.213.443.5545

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 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 regularly represents buyers and sellers in complex M&A deals involving technology and healthcare government contractors that operate within the 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 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.


Affiliations

Professional Activities and Memberships

  • 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.


Insights

Speeches & Presentations


Publications

  • "Government Contracts – Clash of Agendas Means More Uncertainty," Crowell & Moring's Regulatory Forecast 2017 (May 2017).
  • "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.
  • "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.
  • "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.
  • "Have Courts Eviscerated the 'Necessary' Cost Allocability Standard of FAR 31.201-4(c)?" The Procurement Lawyer (Winter 2013). Co-Author: David J. Ginsberg.
  • "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.
  • "The Proposed 'Organizational Conflicts Of Interest' Rule: New Opportunities To Avoid or Mitigate Conflicts," Westlaw Journal (July 11, 2011). Co-Author: David J. Ginsberg.
  • "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


Press Coverage


Firm News & Announcements

February 22, 2019 Law360 Names Crowell & Moring's Government Contracts Group a "Practice Group of the Year" for the Ninth Consecutive Year
October 27, 2015 Super Lawyers Recognizes 90 Crowell & Moring Attorneys
January 9, 2015 Crowell & Moring's Government Contracts Group Named to Law360's "Practice Groups of the Year" for Fifth Consecutive Year
September 30, 2014 Super Lawyers 2014 Recognizes 90 Crowell & Moring Attorneys
October 9, 2013 Crowell & Moring Expands Government Contracts Group with Addition of West Coast Partner Duo