Steve McBrady is a partner in the Washington, D.C. office of Crowell & Moring and a member of the Steering Committee for the firm's nationally recognized Government Contracts Group. In 2013-2016, Steve was selected as a Washington, D.C. Super Lawyers "Rising Star".
Steve has extensive first-chair experience litigating cases before the Armed Services Board of Contract Appeals (ASBCA), the U.S. Court of Federal Claims, and state and federal courts around the country. In the past year, he has represented clients in over $750 million in claims, successfully guiding clients in the recovery of hundreds of millions of dollars based on a wide range of contractual and statutory claims. Steve also has in-depth experience in all forms of alternative dispute resolution (ADR), and is frequently called upon to resolve sensitive matters via confidential arbitration or mediation.
In addition to his litigation practice, Steve serves as a strategic advisor to in-house counsel and company executives on high-stakes and "bet the company" matters. To that end, clients in the defense, health care, and technology sectors regularly seek his advice on a wide range of issues, including complex internal investigations, due diligence in support of M&A transactions, ethics and compliance counseling, DCAA audits, and cost allowability issues under the FAR cost principles and the Cost Accounting Standards.
Critical Emerging Regulatory and Legislative Issues
- Provide timely counseling for contractors and industry trade groups on “immediate need” issues arising out of new legislative and regulatory challenges. Examples over the past few years include:
- New Executive Orders: counseled clients with respect to new EOs, including drafting comments regarding the FAR Council Proposed Rules and agency guidance, as well as other Executive Branch actions which may impact companies in the government contracting and healthcare industries.
- Sequestration / Government Shutdown(s) / Budgetary Uncertainty: counseling for clients with respect to potential impacts associated with contract performance, termination, billing, and payment issues.
- The American Recovery and Reinvestment Act: counseling for clients in the construction and renewable energy fields with respect to ARRA funding and assistance navigating unique risks and requirements associated with stimulus funding.
Government Contracts Litigation & ADR
- Counsel of record in dozens of appeals at the ASBCA arising out of contractor and government claims.
- Counsel of record in AAA arbitration and mediation proceedings in prime-sub dispute arising under $500 million federal program. Representation included victories in U.S. District Court TRO/PI proceedings, and TRO/PI proceedings under AAA Rule 38.
- Counsel of record in major federal and state-level disputes including affirmative contractor claims, prime-sub teaming disputes, default terminations, bid protest and suspension, and debarment actions.
Government Contracts Due Diligence
- Represent private equity and corporate clients in the acquisition and sale of government contractors, corporate reorganizations, formation of separate legal entities for federal contracting, due diligence reviews, preparing/negotiating representations and disclosure schedules, novation of contracts, and other unique issues that arise in government contractor transactions.
- Provide strategic advice and due diligence on buy-side and sell-side deals with DoD, IC, and civilian agency components.
- Provide advice with respect to discrete diligence issues including facility and individual clearance, intellectual property, cost and pricing issues, OCI, Berry Amendment, and other government contractor and regulatory requirements.
Steve frequently speaks at government and industry events around the country, and his legal commentary has been featured on the Government Contracting Weekly television show on CBS affiliate WUSA*9, WTOP Federal News Radio, the Washington Business Journal, Bloomberg, Law360, Compliance Week, BNA Federal Contracts Report, Thomson Reuters, L2 Federal Resources, Construction Magazine, and the Government Contracts Legal Forum. He is also on the Editorial Advisory Board of Law360 Aerospace and Defense.
Steve is active in the community, having been recognized as a member of the Capital Pro Bono Honor Roll. He has also served on the Mayflower Foundation's Board of Advisors, and the Alumni Board of Cheverus High School, a Jesuit college preparatory school in Portland, Maine.
- The George Washington University Law School, J.D.
Admitted to practice: District of Columbia, Commonwealth of Virginia, U.S. Court of Federal Claims, U.S. District Court for the District of Columbia, U.S. District Court for the Eastern District of Virginia, U.S. District Court for the Western District of Virginia, U.S. Court of Appeals for the Fourth Circuit, U.S. Court of Appeals for the Federal Circuit, U.S. Court of Appeals for the District of Columbia
Board of Advisors, Mayflower Foundation
Aerospace & Defense Law360 Editorial Advisory Board Member, 2014-2017