Saturday, October 14, 2023

SOME HIGHLIGHTS OF OUR WORK

 Here are some highlights of our work.

We had considerable success at trial in the Marine Corps immediately after law school. We spent all our time either in court or getting ready to go to court. We did litigation work for Martin Marietta, winning two significant cases in roughly two years. We won a big case for General Dynamics and one for Vogue Instruments. We obtained injunctions in the U.S. District Court on bid protests in Oklahoma for Eagle Picher and the Court of Federal Claims for Magnavox.

We had a lot of settlements along the way, including a $0.96 on-the-dollar settlement for a construction company named Goodfellow Brothers, a fascinating story.

We won a significant precedent-setting data rights case in the Court of Federal Claims, where the government misappropriated the contractor's proprietary data. We won a major victory for AshBritt, which made it a significant player in the disaster cleanup business. Congress had to change the law due to the interpretation we argued.

We were retained on behalf of several clients to defend major asbestos claims in district courts nationwide, conceiving and initiating the government contractor defense. We were trial counsel in jury cases defending manufacturers of equipment containing asbestos. We also designed and prosecuted the case against the US government, forcing the government’s duty to indemnify the contractors for their losses.

(We grew our law firm from $2M in revenue to $80M.)

In the last decade, we handled 23 ASBCA and CBCA litigation matters, successfully resolving all but two, which we lost due to our client's admission against interest before our involvement.

As an example of the advantage of our experience, we pursued precedent for a constructive change claim theory that no other attorney has prosecuted based on our knowledge of case law we were taught in the 1960s, which is still a good precedent. We also developed some trial tactics and techniques to speed up claim resolution.

Last year, we settled two litigation matters for a large energy client on its energy savings contracts with the federal government. The more significant case involved contract language disputes that caused extended performance delays to the point that the client just wanted out of the contract. We devised and articulated the winning contract interpretation arguments and filed declaratory relief actions to get a judgment in the client's favor that could also avoid further performance on the contract. On the eve of the trial, the government agreed to make the client whole monetarily and relieved it of further obligation on the contract. A total victory was brought about by our articulation of contract language interpretation and the strategy of using declaratory relief as the vehicle for prompt judicial resolution.

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