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John E. McCarthy Jr.

Partner

jmccarthy@crowell.com
Phone: +1 202.624.2579
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

John E. McCarthy, Jr. is a partner in the Washington, D.C. office of Crowell & Moring and member of the firm's Government Contracts Group. John has spent more than thirty years litigating all forms of government contracts cases for both large and small government contractors, with a particular emphasis on bid protests. Because of John's strong engineering background, he has particular experience in technology related issues, including litigation regarding complex technology and data rights, patent and other intellectual property issues.

John has litigated hundreds of bid protests at the U.S. Government Accountability Office, the U.S. Court of Federal Claims, the Small Business Administration, and other U.S. government agencies as well as numerous state and local forums. John has also litigated and provided counseling on the full range of government contracts issues, including contract formation, organizational conflict of interest, patent and data rights, small business and other socioeconomic concerns, contract claims, prime/sub disputes, as well as issues relating to non-procurement vehicles, such as grants, cooperative agreements, and other transactions. John has also provided counseling and defended clients in connection with allegations of fraud and false claims, including actual or threatened suspension/debarment and qui tam litigation.

John has been named a recognized practitioner in the government contracts field by Chambers USA, is an Acritas Star, Acritas Stars Independently Rated Lawyers (2018, 2019), and has been recognized by Super Lawyers.

Prior to joining Crowell & Moring in 1989, John worked for ten years designing and developing a variety of computer and communication systems for various companies, including IBM Corporation and the Jet Propulsion Laboratory.

John is a member of the bars of the District of Columbia, Maryland and Virginia, as well as various federal district and appellate courts. He is active in the ABA Public Contract Law Section, serving as a co-chair of the Federal Procurement Division and as vice-chair of the Research & Development/Intellectual Property Committee.

John has written and spoken extensively on government contracts technology issues and intellectual property rights.

John received his degree in engineering science specializing in both mechanical and electrical engineering from Rockhurst College in 1976, his Master's Degree in electrical engineering from Catholic University in 1978, and his J.D. from Catholic University in 1989.

John is a member of the firm's Pro Bono Committee and makes pro bono work a constant part of his practice. He was the recipient of the John Carroll Society Pro Bono Legal Services Award. 

Education

  • Rockhurst College, B.S.E.S. (1976)
  • Catholic University of America, M.S.E.E. (1978)
  • Catholic University of America, Columbus School of Law, J.D. (1989)

Affiliations

Admitted to practice: District of Columbia, Maryland, Virginia, various federal district and appellate courts

View More

"DoD Advances Proposed Rule on Enhanced Debriefings," Government Contracts Bullet Points (May 24, 2021). Contacts: Jonathan M. Baker, John E. McCarthy Jr., Anuj Vohra, Christian N. Curran, Rina M. Gashaw
Client Alert / Newsletter
Chambers USA 2021 Ranks 63 Crowell & Moring Lawyers and 30 Practice Areas Among Best in U.S. (May.20.2021)
Firm News / Announcement
"Intellectual Property for Government Contractors: Continued Efforts by the U.S. Government to Obtain Broader Rights," OOPS 2021, Crowell & Moring's 37th Annual Ounce of Prevention Seminar (May 14, 2021). Presenters: Jonathan M. Baker, Astor Heaven, John E. McCarthy Jr., Julia Milewski, and M. Yuan Zhou.
Speech/Presentation
"Stopped in its Tracks: The Government’s Failure to Track Software Use Constitutes Infringement Under 28 U.S.C. § 1498," Government Contracts Bullet Points (March 9, 2021). Contacts: Jonathan M. Baker, John E. McCarthy Jr., Nicole Owren-Wiest, Abigail (Abi) Stokes
Client Alert / Newsletter
"Deep Sixed: Federal Circuit Boots Trademark Licensee for Meritless Claims Against U.S. Army," IP Insights (March 8, 2021). Contacts: Jonathan M. Baker, Anne Elise Herold Li, John E. McCarthy Jr., Nicole Owren-Wiest, Preetha Chakrabarti, Carissa Wilson
Client Alert / Newsletter
"Defense Production Act (DPA) a Critical Component of Biden Strategy for COVID-19," Government Contracts Bullet Points (January 22, 2021). Contacts: Jonathan M. Baker, Peter Eyre, Alan W. H. Gourley, J. Chris Haile, John E. McCarthy Jr., Gail D. Zirkelbach, Stephanie L. Crawford
Client Alert / Newsletter
"Contractors May Include Third-Party Restrictive Markings on Unlimited Rights Data," Government Contracts Bullet Points (December 23, 2020). Contacts: Jonathan M. Baker, John E. McCarthy Jr., Nicole Owren-Wiest, M. Yuan Zhou, Christopher D. Garcia
Client Alert / Newsletter
"What is the Defense Production Act, what lessons were learned in 2020, and how can companies prepare for its continued use in 2021?" Crowell & Moring Webinar (December 10, 2020). Speakers: Jonathan M. Baker, Alan W. H. Gourley, John E. McCarthy Jr., Gail D. Zirkelbach, Eric M. Ransom, and Stephanie L. Crawford.
Speech/Presentation
"Government Contracts IP: Protecting Your Secret Sauce in an Era of Hungry Customers," United States Attorney for the Eastern District of Virginia," OOPS 20/20 - Setting Your Sights (October 21, 2020). Presenters: Jonathan M. Baker, John E. McCarthy Jr., Christopher D. Garcia, and M. Yuan Zhou.
Speech/Presentation
"Data and Patent Rights When Contracting with the U.S. Government," Government Contracts "101" - Back to Basics Webinar (September 23, 2020). Presenters: Jonathan M. Baker, John E. McCarthy, Jr., Christopher D. Garcia, and M. Yuan Zhou.
Speech/Presentation

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Crowell & Moring LLP is an international law firm with approximately 550 lawyers representing clients in litigation and arbitration, regulatory and policy, 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, equity and inclusion. The firm has offices in Brussels, Doha, London, Los Angeles, New York, Orange County, San Francisco, Shanghai, and Washington, D.C.

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