Kenneth Dintzer
Overview
Kenneth Dintzer is a partner in Crowell & Moring’s Antitrust and Competition, Government Contracts, and Litigation groups. He most recently served as deputy branch director in the National Courts Section of the Department of Justice’s Civil Division, and he is a former senior trial counsel in DOJ’s Antitrust Division. He was a leading Department of Justice litigator for more than 30 years, where he handled many of DOJ’s most high-profile and complex cases.
Career & Education
- Department of Justice
Deputy Branch Director, 2014–2024 - Department of Justice: Antitrust Division
Senior Trial Counsel, 2020–2024
Trial Attorney, 1992–1997 - Department of Justice: Civil Division
Assistant Director, Commercial Litigation Branch, National Courts Section, 2007–2014
Senior Trial Attorney, Commercial Litigation Branch, National Courts Section, 2003–2007
Trial Attorney, Commercial Litigation Branch, National Courts Section, 1997–2003
- Department of Justice
- University of Michigan Law School, J.D., 1990
- California Polytechnic State University-San Luis Obispo, B.S., computer science, 1987
- New York
- District of Columbia
- U.S. Court of Federal Claims
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of International Trade
- United States Court of Appeals for the Federal Circuit
- Clerk to Hon., Glenn L. Archer, Jr.
Kenneth's Insights
Client Alert | 1 min read | 04.17.26
In Danziger et al. v. U.S., No. 25-cv-1241 (Fed. Cl. Apr. 10, 2026) (a Crowell & Moring case), the Court of Federal Claims (COFC) denied the government’s motion to dismiss a complaint seeking breach of contract damages for improper terminations in bad faith and/or abuse of discretion. The case involves hundreds of contractors for the U.S. Agency for International Development (USAID), who were terminated in 2025 in connection with the dismantling of USAID. The government sought to dismiss the case for failure to state a claim, arguing that the complaint failed to sufficiently plead bad faith or abuse of discretion. The court rejected these arguments, noting that the complaint was “replete with allegations implicating bad faith,” and specifically rejected the “peculiar notion” “that governmental misconduct is immunized when a contracting officer acts pursuant to directives from higher-ranking officials.” The court also held that the government’s payment of certain termination costs was no defense to the contractors’ breach claim and confirmed that an improper termination for convenience entitles contractors to termination costs as well as breach damages.
Press Coverage | 04.16.26
Live Nation Lost Its Monopoly Trial. What's Next - and Could Ticketmaster Really Be Sold?
Press Coverage | 03.12.26
What the Live Nation settlement would mean for concertgoers — and why some say it isn’t enough
Press Coverage | 03.09.26
Details on Live Nation's settlement with Justice Department and what it could mean for concertgoers
Insights
What the Live Nation settlement would mean for concertgoers — and why some say it isn’t enough
|03.12.26
Associated Press
Details on Live Nation's settlement with Justice Department and what it could mean for concertgoers
|03.09.26
“The Daily Report” (video clip)
Live Nation Reaches Tentative Deal With Justice Department in Antitrust Case
|03.09.26
The Wall Street Journal
Kenneth's Insights
Client Alert | 1 min read | 04.17.26
In Danziger et al. v. U.S., No. 25-cv-1241 (Fed. Cl. Apr. 10, 2026) (a Crowell & Moring case), the Court of Federal Claims (COFC) denied the government’s motion to dismiss a complaint seeking breach of contract damages for improper terminations in bad faith and/or abuse of discretion. The case involves hundreds of contractors for the U.S. Agency for International Development (USAID), who were terminated in 2025 in connection with the dismantling of USAID. The government sought to dismiss the case for failure to state a claim, arguing that the complaint failed to sufficiently plead bad faith or abuse of discretion. The court rejected these arguments, noting that the complaint was “replete with allegations implicating bad faith,” and specifically rejected the “peculiar notion” “that governmental misconduct is immunized when a contracting officer acts pursuant to directives from higher-ranking officials.” The court also held that the government’s payment of certain termination costs was no defense to the contractors’ breach claim and confirmed that an improper termination for convenience entitles contractors to termination costs as well as breach damages.
Press Coverage | 04.16.26
Live Nation Lost Its Monopoly Trial. What's Next - and Could Ticketmaster Really Be Sold?
Press Coverage | 03.12.26
What the Live Nation settlement would mean for concertgoers — and why some say it isn’t enough
Press Coverage | 03.09.26
Details on Live Nation's settlement with Justice Department and what it could mean for concertgoers
