Brian Tully McLaughlin joined Crowell & Moring in 2005 and is a counsel in the Government Contracts Group in Washington, D.C. Brian's practice focuses on trial work, litigating complex claims and disputes as well as matters brought under the False Claims Act. Brian has both co-counseled and "first chaired" trials, argued dispositive motions, examined lay and expert witnesses, taken and defended depositions, and managed complex electronic and paper discovery productions and reviews. Brian's practice involves both affirmative and defensive claims on behalf of government contractors, including bid protests. Brian also values and has gained extensive experience working on a variety of pro bono cases that entail litigation.
Representative matters include:
Government Contracts and International Litigation
· Second-chaired 23-day hearing on entitlement and damages before the Armed Services Board of Contract Appeals (ASBCA) for claims of breach of contract and constructive changes concerning contract with Air Force NAFI on bases located in Germany. The Board's initial decision and subsequent reconsideration decisions resulted in a total judgment against the government of more than $12 million.
· Represented foreign subcontractor in international arbitration against prime contractor for claims arising from numerous subcontracts providing services under the U.S. Army's LOGCAP contract in Iraq.
· Litigated numerous bid protests before the Government Accountability Office and the U.S. Court of Federal Claims
False Claims Act Litigation
· Successfully defended U.S. contractor in two-week jury trial in the U.S. District Court for the Eastern District of Virginia against qui tam relators' claims of fraudulent overbilling for labor and reimbursable items on $1.2 billion international security services contract with Department of State in Iraq and Afghanistan. The majority of the relators' claims were dismissed on summary judgment and the jury returned a "no liability" verdict on the remaining claims.
· Represent contractor in federal qui tam suit alleging the submission of false documents to the Export-Import Bank of the United States ("Ex-Im") in connection with loans guaranteed by Ex-Im in furtherance of irrigation projects in Nigeria.
Pro Bono Litigation and Service
· Represented elderly Chilean immigrant woman including a 1 1/2 day trial in Loudoun County Circuit Court in housing dispute concerning a real estate contract. Successfully defeated summary judgment motion and obtained restitution judgment for client, enabling her to purchase a home of her own free and clear.
· Partnered with Washington Lawyer's Committee for Civil Right's 2008 national Election Protection efforts as a team leader of the Northern Virginia command center, training and assigning attorney volunteers at precincts and coordinating responses to legal impediment at the polls on Election Day.
· Represented Equal Rights Center and individual plaintiffs in federal suit against national fast-food restaurant chain. Negotiated settlement of ADA claims of discrimination against persons with disabilities due to access barriers at the entrances, service lines, and bathrooms of the stores. See "Nation's Largest Restaurant Chain To Be More Accessible To People With Disabilities."
Brian obtained his undergraduate and law degrees from the University of Virginia. At UVA Law, he served on the Editorial Board of the Virginia Journal of Social Policy and the Law, directed an employment law pro bono project (Law Student Advocacy Project) representing state employees at grievance hearings.
Affiliations
C&M Committees
· Public Service Committee
· Recruiting Committee
Professional Activities and Memberships
· District of Columbia Bar
· American Bar Association
· Virginia State Bar
Alerts & Newsletters
· "NAFI Or Not, Contractors Can Sign Away Their Right To Appeal," (March 16, 2012). Contacts: Frederick (Rick) W. Claybrook Jr., Brian T. McLaughlin.
· "NAFI Contractor Goes Straight to Court When CO Fails to Issue Final Decision," Government Contracts Bullet Points (January 24, 2012). Contacts: Frederick (Rick) W. Claybrook Jr., Brian T. McLaughlin.
· "Tucker Act Reaches More NAFIs Than Many Thought," Government Contracts Bullet Points (February 2, 2011). Contacts: Frederick (Rick) W. Claybrook Jr., Brian T. McLaughlin.
· "Market Value is the Price of Holdover Tenancy," Government Contracts Bullet Points (October 12, 2010). Contacts: Frederick (Rick) W. Claybrook Jr., Brian T. McLaughlin.
· "Technology Replacement Clause Requires Actual Replacement," Government Contracts Bullet Points (September 28, 2010). Contacts: Frederick (Rick) W. Claybrook Jr., Brian T. McLaughlin.
· "Don't Want a Setoff? Better Say It," Government Contracts Bullet Points (July 13, 2010). Contacts: Frederick (Rick) W. Claybrook Jr., Brian T. McLaughlin.
· "Two Bites Allowed If In Different Spots On The Apple," Government Contracts Bullet Points (January 6, 2010). Contacts: Frederick (Rick) W. Claybrook Jr., Brian T. McLaughlin.
· "E-Verify -- Immigration Enforcement Comes to Federal Contracting," Government Contracts Bullet Points (November 14, 2008). Contacts: Angela B. Styles, Kris D. Meade, Brian T. McLaughlin.
· "Bad Faith Conduct Pervades Contract," Government Contracts Bullet Points (April 25, 2007). Contacts: Frederick (Rick) W. Claybrook Jr., Brian T. McLaughlin.
· "T4C, IDIQ Clauses Are No Safe Harbor Against Breach Damages," Government Contracts Bullet Points (September 12, 2006). Contacts: Frederick (Rick) W. Claybrook Jr., Brian T. McLaughlin.
Speaking Engagements
· "Fraud and Mandatory Disclosure," National Job Corps Association Conference (October 4-5, 2011). Presenters: Mana Elihu Lombardo and Brian T. McLaughlin.