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Stephen J. McBrady

Phone: +1 202.624.2547
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Named a
Washington, D.C.
"Rising Star" (2013-2016)
by Super Lawyers Magazine.

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.

Representative experience:

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.


  • Cornell University, B.A.
  • 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

Other Affiliations 

Board of Advisors, Mayflower Foundation
Aerospace & Defense Law360 Editorial Advisory Board Member, 2014-2017

View More

"NY State AG Targets Private Equity for Tax Related FCA Violations," Government Contracts Bullet Points (April 20, 2017). Contacts: Stephen J. McBrady, Peter Eyre, Mark R. Troy, Jeremy Abrams, Jason M. Crawford
Client Alert/Newsletter
"Independent Research & Development Costs: Updates, Risks, and Compliance — C&M's First 100 Days Series," Crowell & Moring Webinar (April 19, 2017). Presenters: Stephen J. McBrady and Skye Mathieson.
"Continuing Resolution Expires April 28, 2017," Government Contracts Bullet Points (April 7, 2017). Contacts: David B. Robbins, Stephen J. McBrady, Peter Eyre, David J. Ginsberg
Client Alert/Newsletter
"Fair Pay and Safe Workplaces, We Hardly Knew Ye," Government Contracts Bullet Points (March 28, 2017). Contacts: Angela B. Styles, Kris D. Meade, Stephen J. McBrady, Jason M. Crawford
Client Alert/Newsletter
"Introducing Crowell & Moring’s Government Contractor Recovery Practice Performance Review Offering (PRO)," Government Contracts Bullet Points (March 16, 2017). Contacts: Daniel R. Forman, David J. Ginsberg, Stephen J. McBrady, Brian Tully McLaughlin
Client Alert/Newsletter
"The Trump Administration's Acquisition Policy Agenda," The Coalition for Government Procurement Webinar (March 15, 2017). Presenters: Robert A. Burton, Stephen J. McBrady, and Kate M. Growley.
"Recovery in Government Contracts," Crowell & Moring’s Third Annual In-House Recovery Conference, Dana Point, CA (March 9-10, 2017). Speakers: Stephen J. McBrady and Brian Tully McLaughlin.
"End of the Road for Fair Pay and Safe Workplaces," Government Contracts Bullet Points (March 8, 2017). Contacts: Kris D. Meade, Stephen J. McBrady, Jason M. Crawford
Client Alert/Newsletter
"Court of Federal Claims Grants Summary Judgment on $214 Million ACA "Risk Corridors" Claim," Government Contracts Bullet Points (February 10, 2017). Contacts: Stephen J. McBrady, Daniel W. Wolff, Christopher Flynn, A. Xavier Baker, Joseph M. Miller
Client Alert/Newsletter
"ASBCA's FY16 Report – a Look at the Numbers," Government Contracts Bullet Points (February 6, 2017). Contacts: Stephen J. McBrady, Skye Mathieson, Charles Baek
Client Alert/Newsletter

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Crowell & Moring LLP is an international law firm with approximately 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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