W. Stanfield Johnson
Overview
W. Stanfield Johnson is a retired partner with Crowell & Moring. From the firm's founding in 1979, he served regularly on its Management Committee and four times as its Chairman.
Education: Mr. Johnson graduated with great distinction from Stanford University in 1960 and from the Harvard Law School in 1963. He was a member of Phi Beta Kappa.
Law Practice: Mr. Johnson's practice emphasized counseling on, litigation of, and resolution of contract issues. He was recognized as a leading professional in government contract law. Having been involved in many of the major public contracting issues for more than five decades, he brought a perspective for counseling about current issues. His record showed successful results for his clients in resolving issues arising from large and complex contracts – with both government and commercial entities.
Mr. Johnson has been consistently named a top lawyer in the field of Government Contracts by Chambers USA. In Chambers USA America's Leading Business Lawyers 2006, Mr. Johnson was named "one of the premier litigators of all time in this business," "the great dean of the Bar," and "a wonderful scholar and a great analyst of the law." Mr. Johnson is also listed in Best Lawyers in America, and was named a "Lawyer of the Year" in 2019.
Published Decisions: Mr. Johnson's experience was illustrated by favorable settlements he has negotiated and cases he has litigated to decisions that are a matter of public record, including:
Award Protests: 47 Comp. Gen. 29 (1967) (upset a $125 million Air Force ADP hardware award to IBM, a case of first impression interpreting the competitive negotiations statute); Express One International v. U.S. Postal Service, 814 F. Supp. 93 (D.D.C. 1992) (upset a ten-year, billion-dollar award on conflict of interest grounds).
Contractor Claims: United Technologies Corp., ASBCA Nos. 46880, etc., 97-1 BCA ¶ 28,818 (established Navy breach of "dual source" contract, promising jet engine awards, leading to recovery of $150 million in lost profits); Lockheed Martin Tactical Aircraft Systems, ASBCA Nos. 49530 and 50057, 00-1 BCA ¶ 30,852 (recovered $15 million in coproduction support costs arising from an agreement between Turkey and Egypt brokered by the United States during the Gulf War); Emery World Airways v. U.S. Postal Service, 47 Fed Cl. 461 (2000) (declaration that contract required price redetermination, leading to a $337 million recovery in 2001).
Government Claims: United Technologies, Pratt & Whitney Div., ASBCA No. 51400, etc., 04-1 BCA ¶ 32,556, modified on recon., ASBCA Nos. 51410, 53089, 53349, 05-1 BCA ¶ 32,860, affirmed, 463 F.3d 1261 (Fed. Cir. 2006) (denying $299 million Air Force defective pricing claim).
Construction Claims: Mergentime Corp. v. WMATA, 400 F. Supp. 2d 145 (D.D.C. 2005). (Representing public agency in a subway construction dispute involving a default termination and claims by both parties, resulting in a favorable $41 million judgment).
Subcontractor-Prime Contractor Disputes: Northrop Corporation v. McDonnell Douglas Corp., 705 F.2d 1030 (9th Cir. 1983) (involving disputes over the F-18 teaming agreement).
Fraud/Suspension and Debarment: Peter Kiewit Sons' Co. v. U.S. Army Corps of Eng'rs, 534 F. Supp. 1139 (D.D.C. 1982) (enjoining de facto debarment).
Trade Secrets: National Parks & Conservation Ass'n v. Kleppe, 547 F.2d 673 (D.C. Cir. 1976) (established "competitive harm").
Government Contractor Defense: Boyle v. United Technologies Corp., 487 U.S. 500 (1988) (establishing derivative immunity to defective design claim).
Publications: Mr. Johnson's publications include:
- "Hercules, Winstar and the Supreme Court’s Conspicuous and Potentially Consequential Error," Public Contract Law Journal, Vol. 44 (Winter 2014) (scheduled).
- “The Federal Circuit’s Abrogation of the NAFI Doctrine: An En Banc Message With Implications for Other Jurisdictional Challenges?" Public Contract Law Journal, Vol. 42 (Fall 2012)
- "The Federal Circuit's Great Dissenter And Her 'National Policy of Fairness To Contractors'," Public Contract Law Journal, Vol. 40 (Winter 2011).
- "Needed: A Government Ethics Code and Culture Requiring Its Officials to Turn 'Square Corners' When Dealing with Contractors," The Nash & Cibinic Report, Vol. 19, No. 10 (October 2005).
- "Interpreting Government Contracts: Plain Meaning Precludes Extrinsic Evidence and Controls at the Federal Circuit," Public Contract Law Journal, Vol. 34 (Summer 2005).
- "Mixed Nuts and Other Humdrum Disputes: Holding the Government Accountable Under the Law of Contracts Between Private Individuals," Public Contract Law Journal , Vol. 32 (Summer 2003).
- "Analysis & Perspective: The Particular Perils of the Sarbanes-Oxley Act for Government Contractors," Federal Contracts Report, Vol. 78, No. 21 (2002). Co-Author: Frederick W. Claybrook Jr.
- "A Retrospective on the Contract Disputes Act," Public Contract Law Journal , Vol. 28 (Summer 1999).
Education: Mr. Johnson graduated with great distinction from Stanford University in 1960 and from the Harvard Law School in 1963. He was a member of Phi Beta Kappa.
Law Practice: Mr. Johnson's practice emphasized counseling on, litigation of, and resolution of contract issues. He was recognized as a leading professional in government contract law. Having been involved in many of the major public contracting issues for more than five decades, he brought a perspective for counseling about current issues. His record showed successful results for his clients in resolving issues arising from large and complex contracts – with both government and commercial entities.
Mr. Johnson has been consistently named a top lawyer in the field of Government Contracts by Chambers USA. In Chambers USA America's Leading Business Lawyers 2006, Mr. Johnson was named "one of the premier litigators of all time in this business," "the great dean of the Bar," and "a wonderful scholar and a great analyst of the law." Mr. Johnson is also listed in Best Lawyers in America, and was named a "Lawyer of the Year" in 2019.
Published Decisions: Mr. Johnson's experience was illustrated by favorable settlements he has negotiated and cases he has litigated to decisions that are a matter of public record, including:
Award Protests: 47 Comp. Gen. 29 (1967) (upset a $125 million Air Force ADP hardware award to IBM, a case of first impression interpreting the competitive negotiations statute); Express One International v. U.S. Postal Service, 814 F. Supp. 93 (D.D.C. 1992) (upset a ten-year, billion-dollar award on conflict of interest grounds).
Contractor Claims: United Technologies Corp., ASBCA Nos. 46880, etc., 97-1 BCA ¶ 28,818 (established Navy breach of "dual source" contract, promising jet engine awards, leading to recovery of $150 million in lost profits); Lockheed Martin Tactical Aircraft Systems, ASBCA Nos. 49530 and 50057, 00-1 BCA ¶ 30,852 (recovered $15 million in coproduction support costs arising from an agreement between Turkey and Egypt brokered by the United States during the Gulf War); Emery World Airways v. U.S. Postal Service, 47 Fed Cl. 461 (2000) (declaration that contract required price redetermination, leading to a $337 million recovery in 2001).
Government Claims: United Technologies, Pratt & Whitney Div., ASBCA No. 51400, etc., 04-1 BCA ¶ 32,556, modified on recon., ASBCA Nos. 51410, 53089, 53349, 05-1 BCA ¶ 32,860, affirmed, 463 F.3d 1261 (Fed. Cir. 2006) (denying $299 million Air Force defective pricing claim).
Construction Claims: Mergentime Corp. v. WMATA, 400 F. Supp. 2d 145 (D.D.C. 2005). (Representing public agency in a subway construction dispute involving a default termination and claims by both parties, resulting in a favorable $41 million judgment).
Subcontractor-Prime Contractor Disputes: Northrop Corporation v. McDonnell Douglas Corp., 705 F.2d 1030 (9th Cir. 1983) (involving disputes over the F-18 teaming agreement).
Fraud/Suspension and Debarment: Peter Kiewit Sons' Co. v. U.S. Army Corps of Eng'rs, 534 F. Supp. 1139 (D.D.C. 1982) (enjoining de facto debarment).
Trade Secrets: National Parks & Conservation Ass'n v. Kleppe, 547 F.2d 673 (D.C. Cir. 1976) (established "competitive harm").
Government Contractor Defense: Boyle v. United Technologies Corp., 487 U.S. 500 (1988) (establishing derivative immunity to defective design claim).
Publications: Mr. Johnson's publications include:
- "Hercules, Winstar and the Supreme Court’s Conspicuous and Potentially Consequential Error," Public Contract Law Journal, Vol. 44 (Winter 2014) (scheduled).
- “The Federal Circuit’s Abrogation of the NAFI Doctrine: An En Banc Message With Implications for Other Jurisdictional Challenges?" Public Contract Law Journal, Vol. 42 (Fall 2012)
- "The Federal Circuit's Great Dissenter And Her 'National Policy of Fairness To Contractors'," Public Contract Law Journal, Vol. 40 (Winter 2011).
- "Needed: A Government Ethics Code and Culture Requiring Its Officials to Turn 'Square Corners' When Dealing with Contractors," The Nash & Cibinic Report, Vol. 19, No. 10 (October 2005).
- "Interpreting Government Contracts: Plain Meaning Precludes Extrinsic Evidence and Controls at the Federal Circuit," Public Contract Law Journal, Vol. 34 (Summer 2005).
- "Mixed Nuts and Other Humdrum Disputes: Holding the Government Accountable Under the Law of Contracts Between Private Individuals," Public Contract Law Journal , Vol. 32 (Summer 2003).
- "Analysis & Perspective: The Particular Perils of the Sarbanes-Oxley Act for Government Contractors," Federal Contracts Report, Vol. 78, No. 21 (2002). Co-Author: Frederick W. Claybrook Jr.
- "A Retrospective on the Contract Disputes Act," Public Contract Law Journal , Vol. 28 (Summer 1999).
