Mark Meagher represents clients in a broad array of government contracts counseling and litigation matters.
Mr. Meagher has over 25 years of experience in counseling clients on cost allowability, allocability and recovery questions arising under their Federal government Contracts. He frequently assists clients in developing responses to audit findings issued by the Defense Contract Audit Agency, the Department of Energy Inspector General, and other government audit organizations. His counseling practice also involves providing advice concerning complex contract compliance and interpretation matters, including resolving difficult issues involving small business status, commercial item contracting and organizational conflicts of interest. Mr. Meagher has successfully pursued numerous equitable adjustments under contracts and certified claims under the Contract Disputes Act. His counseling involves clients across the Aerospace and Defense, Energy, Healthcare, Technology, Commercial Products, and Construction and Infrastructure sectors.
Mr. Meagher's work has involved extensive and successful representation of Firm clients in investigations and litigation under the civil False Claims Act and in other contract-based disputes. He regularly conducts internal investigations and responds to Government investigations involving complex contract and regulatory compliance issues. These include matters under the False Claims Act, the Anti-Kickback laws, federal export control regulations, the Procurement Integrity Act and the Foreign Corrupt Practices Act, under which he has conducted investigations for Firm clients in Asia, Europe and the Middle East. As an adjunct to this work, Mr. Meagher has successfully represented clients in suspension and debarment proceedings to demonstrate his clients' present responsibility for federal contracting.
Complementing his counseling, investigations and contract compliance work, Mr. Meagher has successfully represented his clients at trials, hearings and through other disputes proceedings, including extensive experience in different forms of ADR. Representative public matters include:
- Eagle Industries Unlimited, Inc. v. KDH Defense Systems, Inc., US District Court, E.D. Missouri (April 2013). Lead trial counsel in obtaining successful jury verdict for plaintiff subcontractor (Eagle) for breach of subcontract for production of body armor.
- United States ex rel. Ritchie v. Lockheed Martin Corp., 558 F.3d 1161 (10th Cir. 2009). Lead counsel on successful summary judgment motion and Tenth Circuit appeal, including oral argument, convincing Tenth Circuit to adopt rule to enforce employee releases against qui tam claims under the False Claims Act.
- Appeal of American Ordnance, ASBCA 54718, 10-1 BCA 34,386. Lead counsel in successful appeal, involving two-week trial, for recovery of $3.5 million constructive change and delay claims on production line for M107 artillery shells.
- Fluor Daniel, Inc. v. Regents of the University of California, EBCA C-9909296, 02-2 BCA 32,107. Lead counsel in successful defense of Los Alamos National Laboratory against $15 million breach of contract claims after two-week trial before DOE Board of Contract Appeals.
- United States ex rel. Mock & Lebow v. Lockheed Martin et al., (Civ. 96-0061)(D. Idaho). Highly successful resolution of complex qui tam action under False Claims Act after successful dispositive motions practice.
Mr. Meagher is a leading practitioner, with over twenty years of experience, in representing Department of Energy contractors in all aspects of their operations at DOE national laboratories and clean-up sites. He regularly provides counsel to contractors on the unique cost allowability, cost recovery, performance, contract administration and liability issues at DOE's facilities. He is deeply experienced in assessing issues of contract coverage and indemnity for liabilities that arise from government-owned, contractor-operated sites, particularly under DOE's Management and Operating Contracts.
Mr. Meagher is a graduate of Yale University and a cum laude graduate of Albany Law School, where he was editor-in-chief of the Albany Law Review.
Activities and Affiliations
- Mark is a frequent lecturer around the country on government contract issues.
- Dentons Foundation Board of Directors
- American Bar Association (Public Contracts, Litigation and Criminal Justice Sections)
- National Contract Management Association
- National Defense Industrial Association, Denver Chapter Past President
- Department of Energy Contractor Attorneys Association