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Mr. Weckstein is a Partner in the Government Contracts & Litigation Group. He represents clients on matters related to government contracts, complex civil litigation and trade secrets law. Mr. Weckstein has substantial experience in a wide range of complex civil litigations (jury and bench trials). He has successfully litigated bid protests before the Government Accountability Office and courts and contract disputes before BCAs and courts. He has represented contractors in IG and criminal investigations and handled litigation involving the protection of trade secrets.
In 2003, Legal Times named Mr. Weckstein one of 20 Leading Litigators in the Washington, DC area. Among his outside interests, he drives standardbred race horses at racetracks throughout North America and Europe.
As part of Brown Rudnick’s Cleantech Team, Mr. Weckstein is also part of collaborative, cross-disciplinary initiatives to assist clients in this evolving sector.
Representative Matters
Mr. Weckstein's litigation record includes the following:
• Lear Siegler (GAO, B-401076, 2009)
Representation of Lear Siegler in protests against awards under the Army’s $16 billion R2-3G Program. In response to the protest, the Army took corrective action.
• Savannah River Tank Closure, LLC (GAO, B-400953, 2009)
Representation of special purpose LLC comprised of URS, Babcox & Wilcox, Bechtel and CH2M Hill in successfully defending award of $3.3 billion contract for remediation of liquid waste at DOE’s Savannah River site.
• PMTech v. United States (US Court of Federal Claims, 2009)
Representation of Plaintiff in obtaining judgment on the administrative record regarding an improper sole source award by the Department of Energy.
• ManTech International (Circuit Court, Fairfax County, Virginia, 2009)
Successful defense of injunctive action to prevent competition for Army contract, and opposition to enforcement of alleged teaming agreement.
• Carolinas Center (GAO, B-400456, 2009)
Assertion and defense of series of bid protests resulting in sustain by GAO, award of contract and recovery of attorney fees.
• CH2M-Hill (Civilian Board of Contract Appeals, 2009)
Recovery of lost profits based on changes and failure to partially fund cost reimbursement contract.
• AvalonBay (US District Court, Eastern District of Virginia, 2009)
Successful prosecution of series of embezzlement and RICO cases resulting in approximately $40 million in judgments and four criminal convictions.
• DataPath v. General Dynamics SATCOM (US District Court, Northern District of Georgia, 2007)
Successful defense of General Dynamics SATCOM in opposing a motion for preliminary injunction based on an alleged breach of a teaming agreement.
• Appeals of Caremark (Maryland State Board of Contract Appeals 2007)
Successful representation of Catalyst Rx in defending against a series of bid protests filed against the award of a billion dollar contract for pharmacy benefit management services.
• The Ravens Group, Inc. v. United States (US Court of Federal Claims 2007)
Representation of intervenor Rowe Contracting Services in successfully opposing an injunction against a contract for janitorial services at Bolling Air Force Base. This case was the culmination of 15 bid protests.
• PMTech, Inc. (GAO, B-297616, 2006)
Successful protest against award of a sole source contract by the Department of Energy.
• FFTF Restoration Co., LLC (GAO, B-294910, 2005)
Successful representation of contractor against award of an approximately $235 million contract for deactivation and decommissioning of a nuclear reactor.
• Jones v. Parsons (US District Court, District of Maryland, 2004)
Successful representation of defendant Parsons Transportation Group, Inc. in obtaining summary judgment in a wrongful death and survival action based on an electrocution at a construction site.
• KiSKA-Kajima v. Washington Metropolitan Area Transit Authority, 321 F.3d 1151 (D.C. Cir. 2003, cert. denied, 124 S. Ct. 226 (Oct. 6, 2003))
Representation of transit authority in defending against a claim seeking approximately $50 million based on theories of fraud, breach of contract and unilateral mistake. After a six-week trial and 10 days of deliberations, the jury returned a verdict for Mr. Weckstein's client. On appeal, the US Court of Appeals for the D.C. Circuit affirmed the judgment.
• United Payors & United Providers Health Services, Inc. v. United States, 55 Fed. Cl. 323 (2003)
Obtained permanent injunction against performance of a $225 million contract for health care services. The court also awarded bid and proposal costs to Mr. Weckstein's client.
• Burns and Roe Services Corporation, 2004 CPD ¶ 85 (GAO 2003)
Successful representation of contractor against award of $95 million contract.
• ValuJet v. SabreTech, et. al., (Cir. Ct. for St. Louis County, Mo. 1999)
Successful representation of defendants in three week jury trial against claim of $2 billion in business losses from crash of ValuJet Flight 592.
• Informatics Corporation v. United States 40 Fed. Cl. 508 (1998)
Successful representation of plaintiff in obtaining an injunction against a contract award by the Air Force. The court found the contracting officer had unreasonably concluded that plaintiff had an unavoidable organizational conflict of interest.
• TRW Inc. and Widnall v. Unisys Corp., 98 F. 3d 1325 (Ct. of App. Fed Cir. 1996)
The case involved a challenge to the Air Force's decision that TRW's proposal for computer-related devices and services represented the best value to the Government. The GSBCA sustained the protest. On appeal, the Federal Circuit reversed and upheld the award to TRW.
• Advanced Sciences, Inc., 95-2 CPD ¶ 52 (GAO 1995)
Successful representation of protester against the award of a $64 million contract to a competitor. In its decision, GAO recommended that the Department of Energy make a new selection decision. GAO also awarded Mr. Weckstein's client its protest costs, including attorney fees.
• Duke/Jones Hanford Company 93-2 CPD ¶ 26 (GAO 1993)
Represented Kaiser Engineers Hanford Company in successfully protesting a $500 million contract award to a competitor. Kaiser then was selected for award, and Mr. Weckstein successfully represented Kaiser in defending against an award protest.
• TRW Environmental Safety Systems Inc. v. United States, 16 Cl. Ct. 520, 18 Cl. Ct 33 (1989)
Representation of plaintiff in suit to enjoin the Department of Energy from awarding a $1 billion contract regarding the nuclear waste management system. The Court granted plaintiff's motion for preliminary injunction after a four day hearing and granted plaintiff's request for a permanent injunction after a six week trial.
• Rockwell International, Inc. v. United States, 8 Cl. Ct. 662 (1985)
Representation of Rockwell in recovering its bid preparation costs.
Publications
Mr. Weckstein has published numerous articles on such topics as trade secrets, ethics, and access to records:
• Co-author, "Clean Energy Contracting with the Government: A New Era for Government Funding," Bloomberg's Sustainable Energy Report, August 2010
• "Bailout Basics," Contract Management, February 2009
• "The Financial Bailout Isn't Just for Big Businesses," The Legal Times, Vol. XXXI, No. 45, November 10, 2008
• “Government Contracting,” Corporate Counsel Weekly, Volume 17, No. 49, December 18, 2002
• “Can You Keep a Secret?,” Contract Management, Volume 42, Issue 10, October 2002
• “Bid Protest System Under Review,” Legal Times, June 12, 1995
• “Adarand Case Prompts Review of Set-Aside Programs,” Contract Management, Volume 35, Issue 9, September 1995
Speaking Engagements
• Mr. Weckstein lectures throughout the United States on government contracts issues.
Bar Admissions & Memberships
• Admitted, District of Columbia, Maryland, New York, and Virginia
• Admitted, US Court of Appeals for the Federal Circuit; US Court of Appeals for the Fourth Circuit; US Court of Federal Claims; US District Court, District of Columbia; US District Court, District of Maryland; US District Court, Eastern District of Virginia; US Supreme Court; and US Tax Court
• Member, American Bar Association, Section of Public Contract Law
• Member, District of Columbia Bar Association
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