Dan litigates cases before the US Court of Federal Claims (COFC), the US Court of Appeals for the Federal Circuit, the Government Accountability Office (GAO), and the Boards of Contract Appeals, as well as before Federal District Courts and Courts of Appeals across the country.

In addition, Dan advises clients on cost accounting matters, compliance with evolving cybersecurity requirements, identifying and resolving organizational and personal conflicts of interest, mergers and acquisitions, business restructurings and reorganizations, internal investigations, and suspension and debarment proceedings. Dan also advises clients on all aspects of compliance with Federal Grants law and with the compliance requirements applicable to projects and loan guarantees funded by the Inflation Reduction Act of 2022 and the Infrastructure Investment & Jobs Act of 2021. He also counsels clients on complying with ethics laws and regulations, including post-employment restrictions applicable to government employees.

Dan is committed to pro bono service and has argued before the US Court of Appeals for the Federal Circuit and the US Court of Appeals for Veterans Claims in several veterans’ benefits cases.

Dan clerked for the Honorable D. Brooks Smith for the US Court of Appeals for the Third Circuit and the Honorable Christine Odell Cook Miller for the US Court of Federal Claims.

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• Successfully challenged the award of the US Department of Defense’s (DoD) contract for information technology services to the Pentagon and the National Capital Region in a protest at GAO, resulting in the disqualification of the awardee and the award of the contract to the client. Dan’s team successfully defended the disqualified awardee’s subsequent protests at GAO and the COFC, as well as the awardee’s appeal to the US Court of Appeals for the Federal Circuit*
• In an agency-level protest, persuaded the contracting officer to remove an organizational conflict of interest provision that effectively excluded the client from the competition, and then successfully defended a GAO protest filed by a competitor seeking to reinstate the restrictive provision*
• Led a team that successfully challenged the award of a $60 million task order by the Centers for Medicare & Medicaid Services; after defeating the awardee’s motion to dismiss, the agency took corrective action, allowed the client to submit a revised proposal, and ultimately awarded the client the contract*
• Successfully protested a $54 million DoD award on behalf of a leading IT services company; the protest was sustained on multiple grounds, including the awardee’s organizational conflict of interest and a flawed price realism evaluation*

Disputes and Appeals

• Represented a contractor in connection with claims by the California attorney general alleging breach of a state healthcare contract, resulting in a favorable settlement of the state’s claims
• Represented a large healthcare payor and administrative services provider in appeals to the Civilian Board of Contract Appeals involving cost accounting claims by and against a government agency collectively valued at over $60 million, obtaining a favorable settlement for the client*
• Represented two Medicare services contractors in separate lawsuits before the US Court of Federal Claims regarding adjustments of previously determined pension costs under Cost Accounting Standards 413; both cases were settled favorably for the clients*
• Represented a government contractor in multiple proceedings involving the Maryland Health Insurance Exchange, including prime and subcontractor litigation in Maryland federal district court and arbitration before the American Arbitration Association*
• In arbitration before the American Arbitration Association, successfully defended a seller of a government services business against claims by the buyer for indemnification under an asset purchase agreement
• Successfully represented a nonprofit consulting firm in a civil action in the Fairfax Circuit Court, seeking injunctive relief against a business partner who sought to violate an exclusivity clause in a teaming agreement*

Investigations

• Assisted McDermott’s government investigations team in connection with allegations by a qui tam relator that a major accounting and professional services firm misrepresented its cybersecurity compliance and engaged in other violations of the False Claims Act (FCA), helping to convince the government to decline to intervene
• Represented a major federal IT services contractor in an FCA investigation conducted by the US Attorney’s Office for the Eastern District of Virginia in which the government closed its file without action*
• Represented a professional services contractor in a joint federal and state FCA investigation regarding fraud in the inducement allegations concerning a major IT development contract*
• Defended a large government contractor in FCA retaliation claims filed by a former employee in federal district court*

Grants and Other Federal Assistance

• Advised a large utility company on compliance with the US Office of Management and Budget’s “Uniform Guidance” at 2 CFR Part 200, various agency supplements to the Uniform Guidance, including the US Department of Energy’s supplement, and various statutes and executive orders applicable to federally funded construction projects, including the Davis-Bacon Act
• Advised various healthcare companies regarding compliance with federal grants law, including HHS’s supplement to the Uniform Guidance, and other statutes and regulations applicable not only to grants but also to other assistance provided under the Coronavirus Aid, Relief, and Economic Security Act of 2020

Mergers & Acquisitions (provided government contracts guidance to support due diligence, negotiation of terms and conditions, and pre- and post-closing tasks)

• Represented Prime Therapeutics in its $1.35 billion acquisition of Magellan Rx
• Represented Arcline in its acquisition of the Goodrich Hoist & Winch business of Collins Aerospace, an RTX Corporation business
• Represented KKR in is acquisition of a 50% interest in Cotiviti
• Represented Class Technologies in its acquisition of the Blackboard Collaborate business
• Represented a major IT and professional services contractor in the sale of a subsidiary performing Medicare program integrity services*
• Represented a health services company in the sale of assets associated with a Medicare benefits coordination and recovery center contract*
• Represented a large commercial healthcare insurer in the sale of a wholly owned subsidiary established to perform Medicare services*

*Matter handled prior to joining McDermott.

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Courts/Agencies
US Supreme Court
US Court of Appeals for the Federal Circuit
US Court of Federal Claims
US District Court for the District of Columbia
US District Court for the District of Maryland
US District Court for the Eastern District of Virginia

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