Photograph of John E. McCarthy Jr.

John E. McCarthy Jr.

Partner


John E. McCarthy, Jr. is a partner in the Washington, D.C. office of Crowell & Moring and member of the firm's Government Contracts Group. John has spent more than thirty years litigating all forms of government contracts cases for both large and small government contractors, with a particular emphasis on bid protests. Because of John's strong engineering background, he has particular experience in technology related issues, including litigation regarding complex technology and data rights, patent and other intellectual property issues.

John has litigated hundreds of bid protests at the U.S. Government Accountability Office, the U.S. Court of Federal Claims, the Small Business Administration, and other U.S. government agencies as well as numerous state and local forums. John has also litigated and provided counseling on the full range of government contracts issues, including contract formation, organizational conflict of interest, patent and data rights, small business and other socioeconomic concerns, contract claims, prime/sub disputes, as well as issues relating to non-procurement vehicles, such as grants, cooperative agreements, and other transactions. John has also provided counseling and defended clients in connection with allegations of fraud and false claims, including actual or threatened suspension/debarment and qui tam litigation.

John has been named a recognized practitioner in the government contracts field by Chambers USA, is an Acritas Star, Acritas Stars Independently Rated Lawyers (2018, 2019), and has been recognized by Super Lawyers.

Prior to joining Crowell & Moring in 1989, John worked for ten years designing and developing a variety of computer and communication systems for various companies, including IBM Corporation and the Jet Propulsion Laboratory.

John is a member of the bars of the District of Columbia, Maryland and Virginia, as well as various federal district and appellate courts. He is active in the ABA Public Contract Law Section, serving as a co-chair of the Federal Procurement Division and as vice-chair of the Research & Development/Intellectual Property Committee.

John has written and spoken extensively on government contracts technology issues and intellectual property rights.

John is a member of the firm's Pro Bono Committee and makes pro bono work a constant part of his practice. He was the recipient of the John Carroll Society Pro Bono Legal Services Award. 

Education

  • Rockhurst College, B.S.E.S. (1976)
  • Catholic University of America, M.S.E.E. (1978)
  • Catholic University of America, Columbus School of Law, J.D. (1989)

Affiliations

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Practices

Government Contracts

IP Strategy, Prosecution and Portfolio Management

Coronavirus (COVID-19) Response Team

Litigation & Trial

Intellectual Property Litigation

National Security

False Claims Act and Procurement Fraud

Government Contracts Transactions, M&A, Diligence

Claims and Disputes Litigation

Suspension and Debarment

Bid Protests

Insurance Disputes

Government Contracts Transactions

IP Transactions

Cooperative Agreements, OTAs, Grants

Intellectual Property and Data Rights

GSA Schedule and Commercial Contracting

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Thomson Reuters Names 16 Crowell Lawyers as “Stand-out Lawyers” (March 7, 2023)
Firm News / Announcement
"What Will the New Year Bring for Government Contractors?" Crowell & Moring Webinar, 2023. (January 12, 2023). Presenters: Crowell & Moring Government Contracts Group.
Speech/Presentation
"DFARS Proposed Rule on SBIR/STTR Data Rights and the Marking of Unlimited Rights Data," Government Contracts Bullet Points (January 6, 2023). Contacts: M. Yuan Zhou, John E. McCarthy Jr., Jonathan M. Baker, Nicole Owren-Wiest, Michael E. Samuels, Christopher D. Garcia
Client Alert / Newsletter
"FY 2023 National Defense Authorization Act: Key Provisions Government Contractors Should Know," Government Contracts Bullet Points (December 28, 2022). Contacts: Alexandra Barbee-Garrett, Adelicia R. Cliffe, Stephanie L. Crawford, Maria Alejandra (Jana) del-Cerro, Christopher D. Garcia, Rina M. Gashaw, Lyndsay A. Gorton, Michael G. Gruden, CIPP/G, Jacob Harrison, Olivia Lynch, John E. McCarthy Jr., Per David Midboe, Rachel Schumacher, Zachary Schroeder, Robert J. Sneckenberg, Anuj Vohra, Alexis Ward, Darianne Young
Client Alert / Newsletter
"GAO Breathes New Life Into The Commonly Denied 'Failure To Award A Strength' Protest Ground," Westlaw Today (November 9, 2022). Authors: Amy Laderberg O'Sullivan, John E. McCarthy, Jr., Cherie J. Owen, and Zachary Schroeder.
Publication
"GAO’s 2022 Bid Protest Report to Congress for FY 2021 Shows Better than 50% Chance of Obtaining Relief," Government Contracts Bullet Points (November 8, 2022). Contacts: Amy Laderberg O'Sullivan, John E. McCarthy Jr., Anuj Vohra, Robert J. Sneckenberg, Cherie J. Owen
Client Alert / Newsletter
"GAO Breathes New Life into the Commonly Denied “Failure to Award a Strength” Protest Ground," Government Contracts Bullet Points (October 24, 2022). Contacts: Amy Laderberg O'Sullivan, John E. McCarthy Jr., Cherie J. Owen, Zachary Schroeder
Client Alert / Newsletter
"Software Licensor Has A Valid Claim For Copyright Infringement For Government’s Over-Installation Of Copies," The Licensing Journal (October 14, 2022). Authors: Nicole Owren-Wiest, John E. McCarthy, Jr., William H. Frankel, Jonathan M. Baker, and Michael E. Samuels.
Publication
"Congress Passes Last Minute Three-Year SBIR/STTR Reauthorization Including New National Security-Related Restrictions and Requirements," Government Contracts Bullet Points (October 6, 2022). Contacts: John E. McCarthy Jr., Lex Eley, Jonathan M. Baker, Peter Eyre, Olivia Lynch, Michael E. Samuels, M. Yuan Zhou, Christopher D. Garcia, Allison Skager
Client Alert / Newsletter
Crowell & Moring Receives Pro Bono Legal Service Award from the John Carroll Society (October 5, 2022)
Firm News / Announcement

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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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