Profile
Brian counsels and represents government contractors and subcontractors, as well as federal and state grant recipients, on a broad range of government contracts matters, including contract claims and disputes, teaming and subcontracting issues, data rights and intellectual property issues, government investigations and audits, and compliance with ethics and procurement integrity laws. He further represents clients in bid protests before the Government Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC) and has litigated hundreds of protests at these forums.
Brian also actively participates in Wiley’s pro bono program and has assisted clients in achieving successful results in a variety of different areas, including parole hearings, divorce and custody matters, and landlord-tenant disputes.
Experience
Representative Matters
- Litigates bid protests before agencies, the GAO and the COFC.
- Counsels clients in the development of government contracts ethics and corporate compliance programs.
- Represents and counsels health care clients in protests and contract administration matters relating to Defense Health Agency and Centers for Medicare & Medicaid Services contracts.
- Defends clients proposed for suspension and/or debarment from contracting with the federal government.
- Represents government contractors in claims and disputes before the COFC and the Boards of Contract Appeals.
- Counsels clients on data rights, licensing and technology agreements, proprietary information and non-disclosure agreements, and other intellectual property issues, including protection of proprietary and confidential information from release under the Freedom of Information Act (FOIA).
- Represent clients in “prime-sub” disputes in state and federal district courts.
- Defends False Claims Act (FCA) actions in federal district courts, including claims of whistleblower protection violations.
- Conducts internal investigations relating to various government contracting issues and defends clients in U.S. Department of Justice (DOJ) and inspector general investigations.
- Assists clients in drafting Requests for Equitable Adjustments (REA) based on added costs incurred during the performance of a government contract.
- Counsels clients on the Federal Acquisition Regulation (FAR) and export control regulations.
Professional Experience
- Intern for the Honorable Mary A. McLaughlin and the Honorable Thomas J. Rueter, U.S. District Court for the Eastern District of Pennsylvania (Summer 2004)
Affiliations
- American Bar Association (ABA), Section of Public Contract Law
- Vice-Chair, Grant Law Committee (2018-Present)
- Co-Chair, Federal Procurement Institute (2018)
- Co-Chair, Bid Protest Committee (2017-2020)
- Vice-Chair, Bid Protest Committee (2014-2017; 2022-Present)
- Ex-Officio, Bid Protest Committee (2021-2022)
- Co-Chair, Diversity Committee (2015-2019; 2022-Present)
- Vice-Chair, Diversity Committee (2019-2022)
- Council Member (2015-2017)
- Federal Circuit Bar Association (FCBA)
- Co-Chair, Bench & Bar Planning Committee (2019-2025)
- Co-Vice Chair, Government Contracts Committee (2016-2019)
- Federal Circuit Bar Journal Committee (2020-2021)
- U.S. Court of Federal Claims Bar Association
Recognitions
-
Recognized by Law360 as a Government Contracts MVP (2022)
- Named by The National Law Journal a “DC Rising Star” (2019)
- Named one of DC’s “Super Lawyers” (2020-2023) and “Rising Stars” (2017-2018) for Government Contracts by Super Lawyers magazine
- Listed by Chambers USA in Government Contracts (2017-2024), Government Contracts: Bid Protests (2021-2024), and “America’s Leading Lawyers for Business – Up and Coming” (2017–2019) in Government Contracts.
- Recognized by The Legal 500 US as a "Recommended Lawyer" in Government Contracts (2017-2018, 2020, 2022-2024)
- Recognized by Law360 as a “Rising Star“ in Government Contracts Law (2018)
Practice Areas
Credentials
Education
J.D., cum laude, University of Pennsylvania Law School; Order of the Coif
B.A., cum laude, Ursinus College
Law Journals
Senior Editor, University of Pennsylvania Law Review
Clerkships
- Law Clerk for the Honorable Daniel M. Friedman, U.S. Court of Appeals for the Federal Circuit (2006-2007)
Bar and Court Memberships
- District of Columbia Bar
- Virginia Bar
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Federal Claims
Related News & Insights
- EventDecember 2024 Case of the MonthPublic Contracting Institute (PCI)December 10, 2024
- EventNovember 2024 Case of the MonthPublic Contracting Institute (PCI)November 12, 2024
- PodcastNavigating Bid Protest Choices at GAO and COFCGovernment Contracts PodcastJ. Ryan Frazee, Craig Smith, Brian WalshOctober 22, 2024
- PodcastNavigating Compliance in Government Contracts: Insights from SEC and DOJ PerspectivesWiley Government ContractsKevin B. Muhlendorf, Craig Smith, Brian WalshOctober 10, 2024