George D. Ruttinger is a partner in the firm's Government Contracts and International Dispute Resolution groups and serves as Deputy General Counsel of the firm. He has represented domestic and foreign clients in international arbitrations before tribunals of the International Chamber of Commerce, Stockholm Chamber of Commerce, Netherlands Arbitration Institute, Permanent Court of Arbitration, and the World Bank’s International Centre for Settlement of Investment Disputes (ICSID). In March 2016, the National Law Journal named George to its list of “ADR Champions,” who were described as demonstrating "a deep passion and perseverance in pursuit of their mission, having achieved remarkable successes along the way.”
The Washingtonian Magazine described George as "one of the city's top contracts lawyers [with] a track record of obtaining summary judgments in some of the most heralded defense industry-related lawsuits." He has represented clients in a broad range of industries, including aerospace, technology, manufacturing and pharmaceuticals.
Beyond his core Government Contracts and International Disputes practices, George is a versatile litigator and trial lawyer who has successfully represented clients in complex antitrust litigation and mass torts cases. He won summary judgment for Caterpillar in the Welding Fumes litigation, resulting in dismissal of over 3,000 cases that had been centralized in the Eastern District of Ohio.
The former co-chair of the firm’s Construction Practice, George has handled some of the most high-profile contract and construction cases in the country, representing prime contractors and owners in state and federal courts and ADR proceedings.
George served as a law clerk to The Honorable Malcolm R. Wilkey of the United States Court of Appeals for the District of Columbia Circuit. He is a member of the California and District of Columbia bars as well as the bars of seven federal courts of appeals, five federal trial courts, and the U.S. Supreme Court.
George's pro bono work includes serving on the Board of Directors of the Equal Rights Center, the leading civil rights enforcement agency in D.C., and on the Executive Committee of the Washington Lawyers' Committee for Civil Rights and Urban Affairs. In 2011, the Lawyers' Committee presented George with the Wiley A. Branton Award in recognition of his "commitment to civil rights leadership and service" and the National Law Journal named him as a "Champion" who has "upheld the profession's core values through public service, pro bono efforts and advocacy for civil liberties."
Published Decisions
- Represented Canadian mining company in arbitration against the Government of Mongolia claiming unlawful expropriation of a valuable uranium mine. In 2015, a distinguished Tribunal of arbitrators issued an Award finding that Mongolia had unlawfully expropriated the mine in violation of the Energy Charter Treaty and Mongolian Foreign Investment Law. The Tribunal awarded our client damages and costs totaling over $100 million. (Khan Resources Inc., et al. v. Government of Mongolia, PCA Case No. 2011-09). In 2016, with our assistance, the client settled its claim for a payment of $70 million.
- Obtained summary judgment dismissing all claims against major equipment manufacturer in over 1,000 actions in a federal Multi-District Litigation proceeding in which plaintiffs claimed that client conspired to conceal the alleged health hazards of manganese in welding fumes. (In re Welding Fumes Prod. Liab. Litig., MDL No. 1535 (N.D. OH), 2007 WL 3226951, Memorandum and Order, October 30, 2007).
- Defended public owner in action by contractors challenging default termination of two subway contracts and asserting over $40 million in construction claims. After a 45-day trial, a favorable trial court decision, an appellate remand, and a re-trial, the court upheld client's decision to terminate the contracts, awarded client - the defendant - $40 million on its counterclaim for extra costs of completion after the termination. (Mergentime Corp. v. WMATA, No. 89-1055, 2006 WL 416177 (D.D.C. Feb. 22, 2006), on remand from 166 F.3d 1257 (D.C. Cir. 1999)).
- Defended aircraft engine contractor in litigation of nine-figure government claim based upon alleged misallocation of overhead expenses to government contracts, rather than to material supplied under international strategic alliances for the manufacture of commercial jet engines. (United Techs. Corp., Pratt & Whitney, ASBCA Nos. 47416, et al., 2001-2 BCA ¶ 31,592 (2001), remanded, Rumsfeld v. UTC, 315 F.3d 1361 (Fed. Cir. 2003)).
- Managed multi-forum antitrust class action litigation against pharmaceutical manufacturer, with results including dismissal of treble damages claims in federal class actions and decision denying motion to certify nationwide consumer class. (In re Warfarin Sodium Antitrust Litig., 212 F.R.D. 231 (D. Del. 2002)); successfully argued for affirmance of class settlement (In re Warfarin Sodium Antitrust Litig., 391 F.3d 516 (3d Cir. 2004)).
- In federal court bid protest litigation, obtained permanent injunction against a 10-year, billion dollar postal service contract for express mail service. (Express One Int'l, Inc. v. U.S.P.S., 814 F. Supp. 93 (D.D.C. 1992)).
- Successfully defended prime contractor against multi-million dollar subcontractor claim for excess costs of disposing of low-level radioactive wastes, and obtained complete recovery on prime contractor's counterclaim. (Nuclear Metals Inc. v. Honeywell, Inc. (D. Mass. 1987), aff'd, 852 F.2d 564 (1st Cir. 1988)).
- Defended public owner in federal court jury trial of claims by construction contractor, resulting in a jury verdict awarding the contractor $100,000 (out of $4.2 million claimed) and allowing owner to retain $400,000 in liquidated damages. (Brinderson Corp. v. Hampton Roads Sanitation Dist., No. 84-1306-A (E.D. Va. 1985), aff'd in part and remanded in part, 825 F.2d 41 (4th Cir. 1987)).
- Obtained summary judgment dismissing Constitutional and common law tort claims against the international construction consortium that built the King Khalid Military City. (Stevens v. Morrison-Knudsen Saudi Arabia Consortium, 576 F. Supp. 516 (D. Md. 1983), aff'd, 755 F.2d 375 (4th Cir. 1985)).
Engagements
- Representing American manufacturer in NAFTA dispute with Central American nation before International Centre for Resolution of Investment Disputes.
- Represented software developer in arbitration of claims against D.C.-based transportation agency arising from termination of a contract to design, build, and operate an electronic fare payment system (2019).
- Represented Kuwaiti-led consortium in an arbitration hearing before the International Chamber of Commerce (ICC) in Cairo against an Egyptian port authority involving claims arising out of termination of a contract to build, operate, and transfer (BOT) a new container shipping terminal on the Mediterranean (2018). In 2020, the ICC issued its award ruling that the termination was unlawful, denying the port authority’s $500 million counterclaim, and awarding our client nearly $500 million in damages and interest.
- Represented the same consortium in an ICC hearing in Paris on claims by a manufacturer seeking compensation for equipment ordered but never delivered to the container shipping terminal (2017).
- Represented American mining company in investment treaty arbitration against the Republic of El Salvador based upon unlawful deprivation of a valuable gold mining concession. (Pac Rim Cayman LLC v. Republic of El Salvador, ICSID Case No. ARB/09/12).
- Represented American manufacturer of products for nuclear industry in arbitration convened by the International Chamber of Commerce in London to resolve disputes with an Australian firm relating to its sale to client of intellectual property under an asset purchase agreement and alleged breach of its covenant not to compete (2011).
- Represented small, woman-owned business in classified appeal of termination for default decision, resulting in converting the termination to one for convenience of the government and in payment to the contractor of substantial performance and termination costs (2010).
- Represented airport authority in defending action to enjoin leasing of restaurant space at Reagan National Airport based on alleged violations of statutory requirements for competition; defeated motion for preliminary injunction, resulting in plaintiff's dismissal of action five days before start of new restaurant lease. (Legal Sea Foods v. Metropolitan Washington Airport Authority, Case No. 1:09cv711 AJT (2009)).
- Represented Chinese firm in arbitration hearing convened by Stockholm Chamber of Commerce in which a European company asserted claims against our client under a technology licensing agreement (2008).
- Obtained dismissal of qui tam False Claims Act action for failure to prosecute after disqualifying relator's counsel for reviewing client's improperly obtained privileged documents. (Peoples ex rel. U.S. v. Eagle-Picher Indus., Inc. (W.D. Mo. 2003)).
- Represented major transportation corporation in international arbitration with Dutch port operator regarding alleged breach of a long-term contract for use of a deep-sea container handling terminal in Rotterdam. (Europe Container Terminus B.V. v. Sea-Land Serv., Inc., NAI Arbitration No. 2541).
- Obtained dismissal of FCA suit brought against client's former subsidiary (US ex. rel Bumgardner v. Datatape, Inc., No. 99-682-A (E.D. Va. 1999)).
- Represented aerospace company in suit to enjoin competitor's use of misappropriated trade secrets, resulting in permanent injunction and award of attorneys' fees. (Raytheon Co. v. GTE Gov't Sys. Corp., No. 96-5983 A (Super. Ct., Mass. 1997)).
- Defended manufacturer of medical supplies against price fixing conspiracy suits in federal and state courts (In re Medical X-Ray Antitrust Litig., No. 93-5904 (E.D.N.Y. 1997)).
- In federal court subcontracting dispute, represented prime contractor in defending against $300 million contract claim arising out of termination of subcontract for testing of F-18 avionics; settled claims for zero dollars after seven weeks of jury trial. (AAI Corp. v. Harris Corp., No. 85-3021 (D. Md. 1989)).
- Represented construction contractor in ADR proceeding to resolve $55 million differing site conditions claim arising out of construction of the Tennessee-Tombigbee Waterway for the Corps of Engineers. (Tenn Tom Constructors (ENGBCA 1986)).
Education
- University of Michigan, B.A. (1970) with high distinction and honors, Phi Beta Kappa
- University of Michigan Law School, J.D. (1973) magna cum laude, Order of the Coif
Affiliations
Admitted to practice: District of Columbia, California, U.S. Supreme Court
Memberships
U.S. Courts of Appeals for the District of Columbia, First, Third, Fourth, Sixth, Eighth, Ninth, and Federal Circuits
U.S. District Courts for the Districts of Central California, Eastern California, Northern California, District of Columbia, Northern Indiana, Maryland, and Eastern Michigan
U.S. Court of Federal Claims
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