Photograph of David J. Ginsberg

David J. Ginsberg

Partner


David Ginsberg is a partner and member of the Steering Committee of Crowell & Moring's Government Contracts Group and resident in the firm's Los Angeles office. David leads the firm’s State and Local Practice and in this role, assists clients with: (1) reviewing state and local opportunities (e.g., RFPs, RFIs, and RFQs); (2) participating in face-to-face (or virtual) negotiations with his government counterparts relating to contractual terms and conditions; (3) state and local level bid protests that arise in connection with a procurement; and (4) assessing ongoing contract performance issues that arise in information technology, infrastructure, and health care contracts. Should any disputes result from contract performance, David leverages this experience in order to lead clients successfully through the disputes process.

David regularly represents buyers and sellers in complex M&A deals involving technology and healthcare government contractors that operate within the state and local markets. In this role, David applies his robust knowledge of state and local regulations and practices to lead due diligence reviews, negotiate transaction documents, navigate contractual assignments and changes in control, and counsel on post-close integration activities.

Representative Transactions

  • Represented DXC Technology Company in its acquisition of Molina Medicaid Solutions.
  • Represented DXC Technology Company in the sale of its U.S. State and Local Health and Human Services business to Veritas Capital.

David also is an experienced counselor to prime and subcontractors on contract formation issues with respect to federal and state procurements, including guiding clients through the statutory and regulatory requirements for doing business in California. When California procurements are the subject of a bid protest, David is ready to assist. David has successfully navigated clients through multiple California agencies' protest procedures relating to the contemplated award of information technology, health care, and real estate contracts.

David's practice encompasses all aspects of government contracts law, including counseling clients on developing and adhering to government contract ethics and compliance programs, the False Claims Act (FCA), Contract Disputes Act (CDA) claims, international commercial arbitration, federal and state bid protests, issues relating to the acquisition of commercial goods and services, and other contract formation issues. David regularly conducts internal investigations for aerospace, defense, health care, and emerging technology companies. In this capacity, David has addressed a variety of government contracts issues, including quality control (compliance with design specifications and military specifications), false certifications, defective pricing, and cost mischarging.

David also routinely litigates in federal district and appellate courts, including the U.S. Court of Appeals for the Ninth Circuit. David also represents government contractors before the Armed Services Board of Contract Appeals (ASBCA) which have had contracts terminated for default or convenience. David represents successful awardees and disappointed offerors in bid protests before the U.S. Government Accountability Office (GAO). David's ability to balance risk mitigation with litigation foresight has allowed him to resolve matters successfully. Although David devotes much of his practice to government contracts, he also represents clients in Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution proceedings. 

A dynamic member of the government contracts bar, David has been recognized in 2014 and 2015 as a Southern California "Rising Star" by Super Lawyers Magazine. David is also a frequent lecturer and author on various government contracts topics, including the California procurement regulations, CDA, Cost Accounting Standards (CAS), FCA, mandatory disclosure, and the Federal Acquisition Regulation (FAR).

David externed for the Honorable Ruggero J. Aldisert of the U.S. Court of Appeals for the Third Circuit. He was also a paralegal specialist with the U.S. Securities & Exchange Commission in Los Angeles where he supported the Pacific Regional Office's Enforcement efforts.

David graduated from Pepperdine University School of Law where he was a member of the Pepperdine Dispute Resolution Journal editorial board. He received a B.A. in history from the University of California, Santa Barbara, where he graduated with honors.

Education

  • University of California, Santa Barbara, B.A. (2000) with honors
  • Pepperdine University School of Law, J.D. (2005)

Affiliations

Admitted to practice: California, U.S. Court of Appeals for the Ninth Circuit, U.S. District Court for the Central District of California

Other Affiliations

Chair, Young Lawyers Division, ABA Public Contract Law Section
2017 Government Contracts Editorial Advisory Board, Law360
Member, American Health Lawyers Association

View More

"Grants and Infrastructure Webinar Series: Central Regional," Crowell & Moring Webinar. (March 3, 2022). Speakers: David J. Ginsberg, Anuj Vohra, Christian N. Curran, Laura J. Mitchell Baker, and Christopher D. Garcia.
Speech/Presentation
"Grants and Infrastructure Webinar Series: Northeast Regional," Crowell & Moring Webinar. (March 2, 2022). Speakers: David J. Ginsberg, Anuj Vohra, Christian N. Curran, Laura J. Mitchell Baker, and Christopher D. Garcia.
Speech/Presentation
"Grants and Infrastructure Webinar Series: West Coast Regional," Crowell & Moring Webinar. (March 2, 2022). Speakers: David J. Ginsberg, Anuj Vohra, Christian N. Curran, Laura J. Mitchell Baker, and Christopher D. Garcia.
Speech/Presentation
"The Bipartisan Infrastructure Bill: A Summary of the Bill, the Funds, the Flow and the Timeline for New Projects," Crowell & Moring Webinar. (November 18, 2021). Speakers: Bryon R. Brown, Robert A. Burton, Lorraine M. Campos, Rebecca Baden Chaney, Michelle Coleman, W. Scott Douglas, Larry F. Eisenstat, James Flood, David J. Ginsberg, Robert Holleyman, Joshua M, Lindsay, Thomas Lorenzen, Stephen J. McBrady, and Scott Winkelman.
Speech/Presentation
"Opening the State and Local Door: Identifying Pathways, Partnership, and (Possible) Pitfalls Under the Biden Administration," OOPS 2021, Crowell & Moring's 37th Annual Ounce of Prevention Seminar (May 14, 2021). Presenters: David J. Ginsberg, Laura J. Mitchell Baker, and Christopher D. Garcia.
Speech/Presentation
"New Year, New Administration, New Focus on Infrastructure in Government Contracts," Crowell & Moring Webinar (February 16, 2021). Presenters: David J. Ginsberg, Stephen J. McBrady, Eric M. Ransom, Michelle D. Coleman, and John Nakoneczny.
Speech/Presentation
"2020 Regulatory Priorities and Commercial Contracting," OOPS 20/20 - Setting Your Sights (October 22, 2020). Presenters: Robert A. Burton, Lorraine M. Campos, David J. Ginsberg, and Craig D. Barrett.
Speech/Presentation
"State and Local Government: Contracting Risks and Opportunities," Government Contracts "101" - Back to Basics Webinar (September 22, 2020). Presenters: David J. Ginsberg, Mana Elihu Lombardo, and Lyndsay A. Gorton.
Speech/Presentation
"State and Local Government: Contracting Risks and Opportunities," Government Contracts "101" - Back to Basics, McLean, VA (October 23, 2019). Panelists: David J. Ginsberg and Laura J. Mitchell Baker.
Speech/Presentation
"Open for Business: State and Local Government Contracting Risks and Opportunities," Crowell & Moring's Ounce of Prevention Seminar (OOPS) 2019, Washington, DC (May 7, 2019). Moderator: David J. Ginsberg; Speakers: Laura J. Mitchell Baker and Sarah A. Hill.
Speech/Presentation

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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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