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David J. Ginsberg

Partner

dginsberg@crowell.com
Phone: +1 213.443.5545
515 South Flower St., 40th Floor
Los Angeles, CA 90071-2201

In 2014 & 2015, David
was named a
Southern California
"Rising Star" by
Super Lawyers
Magazine.


David Ginsberg is a partner in 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 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

"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
"New York State Debarment Risk Update," Government Contracts Bullet Points (April 5, 2019). Contacts: David B. Robbins, David J. Ginsberg, Laura J. Mitchell Baker, Lyndsay A. Gorton
Client Alert/Newsletter
"Open for Business: State and Local Government Contracting Risks & Opportunities," Government Contracts Breakfast Series, Tysons, VA (March 20, 2019). Presenters: David Ginsberg, Yuan Zhou, and Christopher Garcia.
Speech/Presentation
"State and Federal Agencies Look to Contractors in the Wake of Hurricane Florence," Government Contracts Bullet Points (September 14, 2018). Contacts: Amy Laderberg O'Sullivan, Peter Eyre, Stephen J. McBrady, David J. Ginsberg, David B. Robbins, Paul M. Rosen
Client Alert/Newsletter
"Government Liable for $99 Million in Breach of Contract Damages Under Indemnification Clause," Government Contracts Bullet Points (July 24, 2018). Contacts: Stephen J. McBrady, Jonathan M. Baker, David J. Ginsberg, Skye Mathieson, Paul Freeman, Laura J. Mitchell Baker, Charles Baek
Client Alert/Newsletter
"Air Force Space Contracts “Watch List” May Preclude Contracts and Subcontracts," Government Contracts Bullet Points (November 28, 2017). Contacts: Alan W. H. Gourley, Peter Eyre, Adelicia R. Cliffe, Gail D. Zirkelbach, David J. Ginsberg, David B. Robbins
Client Alert/Newsletter
"VA Consolidates Fraud Detection, Prevention, and Enforcement Efforts," Government Contracts Bullet Points (June 8, 2017). Contacts: David B. Robbins, Lorraine M. Campos, Peter Eyre, David J. Ginsberg
Client Alert/Newsletter
"Government Contracts – Clash of Agendas Means More Uncertainty," Crowell & Moring's Regulatory Forecast 2017 (May 2017).
Publication
"All Contracting is Local: Insight into State and Local Procurement Process," OOPS 2017, Crowell & Moring's 33rd Annual Ounce of Prevention Seminar, Washington, D.C. (May 5, 2017). Presenters: Lorraine M. Campos, David J. Ginsberg, Nkechi Kanu.
Speech/Presentation
"Identifying and Pursuing Affirmative Recovery Opportunities and Navigating the Trump Era," OOPS 2017, Crowell & Moring's 33rd Annual Ounce of Prevention Seminar, Washington, D.C. (May 4, 2017). Presenters: Daniel R. Forman, David J. Ginsberg, Stephen J. McBrady, Brian Tully McLaughlin, Skye Mathieson, and Sharmistha Das.
Speech/Presentation

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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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