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Stephen J. McBrady

Partner

smcbrady@crowell.com
Phone: +1 202.624.2547
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Selected to
the National Law Journal's
"40 Under 40" List (2017)

Named a
Washington, D.C.
"Rising Star" (2013-2017)
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 60-lawyer Government Contracts Group.

Experience

Steve helps to lead the firm's Government Contractor Claims Recovery Practice, and has extensive first-chair experience litigating cases before the U.S. Court of Federal Claims, the Armed Services Board of Contract Appeals (ASBCA), and state and federal courts around the country. In 2017, he helped clients achieve courtroom victories ranging from $250,000 to $250 million. Steve is also frequently called upon to resolve sensitive matters via alternative dispute resolution (ADR), including confidential arbitration and 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, energy, 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.

Government Contracts Litigation & ADR

  • Represent healthcare companies with over $1 billion in claims against the U.S. Government at the U.S. Court of Federal Claims and the U.S. Court of Appeals for the Federal Circuit.
  • In a case of first impression, represented aerospace contractor in successful appeal arising out of $250 million cost disallowance.
  • In a case of first impression, represented Iraq War contractor in successful claim resulting in full payment after 11-year contract dispute with the U.S. Army.
  • Represented contractor in successful AAA arbitration and mediation proceedings in prime-sub dispute arising under $500 million federal program.
  • Represented companies in various industries in major federal and state-level disputes including affirmative claims, prime-sub teaming disputes, 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.
  • Represent clients on cutting-edge technology deals, including representation of U.S.-based clients in acquisitions of internet-of-things (IoT) firms.

Steve frequently speaks at government and industry events around the country, and provides on-site training to legal and executive teams on a range of topics. His legal commentary on government-facing issues has been featured in various television, radio, and print settings.

Steve's focus on client service has earned numerous awards over the years, including selection to the National Law Journal's "40 Under 40" list, and the Capital Pro Bono Honor Roll. 

Education

  • Cornell University, B.A.
  • The George Washington University Law School, J.D.

Affiliations

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

"The End is Near: DCAA Projects End of Incurred Cost Backlog by FY 2018," Government Contracts Bullet Points (June 11, 2018). Contacts: Nicole Owren-Wiest, Stephen J. McBrady, Elizabeth Buehler, Charles Baek
Client Alert/Newsletter
"Claims and Affirmative Recovery: Keeping the Customer Happy While Watching the Bottom Line," OOPS 2018, Crowell & Moring's 34th Annual Ounce of Prevention Seminar, Washington, D.C. (May 17, 2018). Presenters: Stephen J. McBrady, Skye Mathieson, Monica DiFonzo Sterling, Sharmistha Das, and Michelle Coleman.
Speech/Presentation
"Taking It to the Bank: FCA Case Dismissed Because Federal Reserve Banks Are Not the U.S. Government," False Claims Bullet Points (May 16, 2018). Contacts: Stephen J. McBrady, Alan W. H. Gourley, Brian Tully McLaughlin, Gail D. Zirkelbach, Charlotte Gillingham
Client Alert/Newsletter
"Noncompliance with Planning "Directive" Renders Subcontract Costs Unreasonable," Government Contracts Bullet Points (May 2, 2018). Contacts: Terry L. Albertson, Nicole Owren-Wiest, Stephen J. McBrady, Skye Mathieson, Elizabeth Buehler
Client Alert/Newsletter
"Under Tecom, COFC Confirms Unallowability of Settlement Costs Arising from Discrimination Lawsuits," Government Contracts Bullet Points (April 26, 2018). Contacts: Terry L. Albertson, Nicole Owren-Wiest, Stephen J. McBrady, Skye Mathieson, Elizabeth Buehler
Client Alert/Newsletter
"Steel and Aluminum Tariffs: Recovery and Risk Reduction for Federal Contractors," Government Contracts Bullet Points (March 7, 2018). Contacts: Peter Eyre, J. Chris Haile, Stephen J. McBrady, Brian Tully McLaughlin, Gail D. Zirkelbach
Client Alert/Newsletter
"Introducing Crowell & Moring’s Compliance “Check-Up” for Government Contractors," Government Contracts Bullet Points (March 6, 2018). Contacts: David B. Robbins, Stephen J. McBrady, Peter Eyre, Adelicia R. Cliffe, Karen C. Hermann, Richard B. Holbrook Jr.
Client Alert/Newsletter
"No Cost Compliance Check-Up for Government Contractors," Crowell & Moring's Government Contracts Legal Forum (March 5, 2018). Authors: David B. Robbins, Adelicia R. Cliffe, Peter J. Eyre and Stephen J. McBrady.
Publication
"What Will the New Year Bring: Top Headlines, Headaches, and Developments for Government Contractors to Watch in 2018," Crowell & Moring Webinar (January 25, 2018). Presenters: Crowell & Moring Government Contracts Group.
Speech/Presentation
"ASBCA Finds Stock Option Costs Based on Black-Scholes Model Unallowable," Government Contracts Bullet Points (January 22, 2018). Contacts: Terry L. Albertson, Stephen J. McBrady, Skye Mathieson, Elizabeth Buehler, Nicole Owren-Wiest
Client Alert/Newsletter

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Crowell & Moring LLP is an international law firm with more than 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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