Frederick (Rick) W. Claybrook Jr., Partner Washington, D.C.
rclaybrook@crowell.com
Phone: +1 202.624.2695
1001 Pennsylvania Avenue NW
Washington, D.C. 20004-2595

Frederick (Rick) W. Claybrook, Jr., is a partner in the Washington, D.C., office of Crowell & Moring. He has litigated for over 30 years in the government contract area and has appeared on frequent occasions before the Court of Federal Claims, the Government Accountability Office, the boards of contract appeals, federal district and state courts, domestic and international arbitrators, and courts of appeals. He has also been involved in several mini-trials. Rick is rated AV Preeminent 5.0 out of 5 by Martindale-Hubbell and recognized by Super Lawyers 2014 and 2015 as a leader in his field.

Rick has concentrated in bid protest actions and in litigation of contract and subcontract disputes, including with the United States Postal Service. He also has substantial experience in terminations, changes, and other government and commercial contracting matters. He has:

  • Won multiple multi-million dollar awards.
  • Achieved multiple multi-million dollar settlements.
  • Never lost a protest defense.

Rick has authored several law review articles, including It's Patent that 'Plain Meaning' Dictionary Definitions Shouldn't Dictate: What Phillips Portends for Contract Interpretation, 16 Fed. Cir. B.J. 91 (2006); Standing, Prejudice, and Prejudging in Bid Protest Cases, 33 Public Contract L.J. 535 (2004); and Good Faith in the Terminations and Formation of Federal Contracts, 56 Md. L. Rev. 555 (1997). He was graduated cum laude from Wheaton College (Illinois) in 1973 and with honor from Duke University School of Law in 1976. He was a member of the editorial board of the Duke Law Journal, in which he published two articles. Following his graduation from law school, he clerked for the Honorable Gerald Bard Tjoflat of the United States Court of Appeals for the Fifth Circuit.

Rick is a member of the bars of the District of Columbia and the State of Ohio, as well as the bars of the U.S. Supreme Court, several U.S. Courts of Appeals and District Courts, and the U.S. Court of Federal Claims. He is a member of the American Bar Association and its Public Contract Law and Litigation Sections, and he is on the national board of the Christian Legal Society.



Affiliations

Admitted to practice: District of Columbia, U.S. Supreme Court, several U.S. Courts of Appeals and District Courts, the U.S. Court of Federal Claims, and Ohio (Inactive).



Speeches & Presentations

  • "The Proper Scope of the Administrative Record in Bid Protest Cases Before the Court of Federal Claims," CFC Conference (October 2010). Panelist: Frederick W. Claybrook, Jr.
  • "Contract Claims and Disputes," Crowell & Moring's Ounce of Prevention Seminar (OOPS) (May 28, 2009). Co-Speakers: Frederick (Rick) Claybrook Jr., J. Chris Haile, Thomas A. Kruza III, Matthew W. Cheney.
  • "Bid Protests & Beyond," Procurement in Times of Turmoil and Intense Review, Ounce of Prevention Seminar (OOPS), Crowell & Moring, Washington, D.C. (April 27-28, 2006). Presenters: Daniel R. Forman, Rick Claybrook, and John McCarthy.
  • Government Contracts Masters Program, George Washington University School of Law (1997-2004). Guest Lecturer: Frederick W. Claybrook, Jr.
  • "The Particular Perils of the Sarbanes-Oxley Act for Government Contractors (and Their Auditors)," Maryland Ass’n of CPAs (MACPA) (2003). Lecturer: Frederick W. Claybrook, Jr.
  • "Changes for Engineers: Protecting Your Bottom Line," (2003). Video Lecturer: Frederick W. Claybrook, Jr.
  • "Trial Preparation," Christian Legal Society Seminar (2003). Speaker: Frederick W. Claybrook, Jr.
  • "Litigating Government Contracts Claims," ABA Public Contracts Section Seminar (1999). Lecturer: Frederick W. Claybrook, Jr.
  • "Update on GAO and the Court of Federal Claims––Protests, Terminations, and Breaches," Crowell & Moring OOPS Conference (1999). Speaker: Frederick W. Claybrook, Jr.
  • "Developments in Bid Protest Law––Can't Anybody Read an RFP Anymore?," Crowell & Moring OOPS Conference (1998). Speaker: Frederick W. Claybrook, Jr.
  • "The Renewed Importance of the Court of Federal Claims in Bid Protest Cases," Crowell & Moring OOPS Conference (1998). Speaker: Frederick W. Claybrook, Jr.
  • "What You Don't Know Can Help You," The United Technologies Corp. Government Contracts Seminar (1998). Guest Lecturer: Frederick W. Claybrook, Jr.
  • "Termination or Breach––Where's the Money?," Crowell & Moring OOPS Conference (1997). Speaker: Frederick W. Claybrook, Jr.
  • "Developments in Termination Law––A Study in First Principles Forgotten," Crowell & Moring OOPS Conference (1996). Speaker: Frederick W. Claybrook, Jr.


Publications



Client Alerts & Newsletters



In the News

  • Expert Tells Federal Contractors to Play It Safe, Invest in Compliance
    May 12, 2015 — Bloomberg BNA

    Crowell & Moring's Ounce of Prevention Seminar, hosted by the firm's Government Contracts Group, is featured in a BNA article discussing compliance measures for federal contractors. George Washington University law professor Steven Schooner, who spoke at the conference, discussed key compliance cases to highlight the importance of risk avoidance for contractors.  


  • Washington Litigation Departments of the Year: Crowell & Moring General Civil Litigation
    June 24, 2013 — National Law Journal

    In the National Law Journal (NLJ) special report "Washington Litigation Departments of the Year," Crowell & Moring was named "Department of the Year" in the "General Civil Litigation" category. For this report, the NLJ editorial team evaluated litigation departments in the nation's capital based on several criteria including biggest wins, revenues, headcounts, and operations. As a result of their research and findings, the team selected six "excellent firms" in this first-ever, Washington, D.C.-based contest. When asked about the firm's key to success, firm chairman and Washington, D.C.-based partner, Kent Gardiner, remarked, "Clients bet on us because we bet on ourselves to win for them, and we collaborate to structure our fees around our ability to achieve success as they define it."

  • Air Force Ordered to Pay Phone Contractor's Atty Fees
    June 20, 2012 — Government Contracts Law360, Quoted

  • Navy Sued After Yanking $35M Contract From Supplier
    April 4, 2012 — Government Contracts Law360, Quoted



Firm News & Announcements

Jan.09.2015 Crowell & Moring's Government Contracts Group Named to Law360's "Practice Groups of the Year" for Fifth Consecutive Year
Sep.30.2014 Super Lawyers 2014 Recognizes 90 Crowell & Moring Attorneys
Jun.24.2013 Crowell & Moring Recognized by National Law Journal as Washington, D.C. "General Civil Litigation" Department of the Year
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