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Mr. Katz is a member of the Government Contracts Group. He practices in the areas of commercial and government procurement law and litigation, wage and hour law and construction law. Mr. Katz has significant experience in preparing, negotiating and litigating contract claims and bid protests, as well as advising clients on contract compliance, small business, subcontracting and data rights issues under government contracts. He has successfully litigated before federal, state and local courts and the Government Accountability Office and Boards of Contract Appeals.
In addition, Mr. Katz represents clients in connection with minimum wage, working time and overtime issues under the Federal Fair Labor Standards Act, Service Contract Act, Davis-Bacon Act and state wage payment and prevailing wage laws. This includes conducting proactive wage-hour audits for employers as well as litigation of minimum wage, overtime and wage payment claims.
Mr. Katz is fluent in Hebrew.
Representative Matters
• Developed litigation strategy and conducted discovery and motion practice in both the U.S. Court of Federal Claims and the U.S. Civilian Board of Contract Appeals leading to successful multi-million dollar settlement of approximately 30 changes claims under a Government contract – CH2M HILL Hanford Group, Inc. v. U.S. Department of Energy (2009).
• Persuaded the Civilian Board of Contract Appeals to dismiss a Government counterclaim against the client – USProtect Corp. v. Department of Homeland Security, CBCA 65, 08-1 BCA ¶ 33782 (2008).
• Led the appeals court to reverse the Armed Services Board of Contract Appeals and grant summary judgment to Lear Siegler Services, Inc. on its price adjustment claim – Lear Siegler Services, Inc. v. Rumsfeld, 457 F.3d 1262 (Fed. Cir. 2006).
• Successfully opposed Banknote Corporation of America’s bid protest against a multi-million dollar contract award to Ashton-Potter – Banknote Corporation of America, Inc. v. United States, 365 F.3d 1345 (Fed. Cir. 2004).
• Persuaded the Federal Circuit to void Freedom, NY, Inc.’s release of its claims – Rumsfeld v. Freedom, NY, Inc, 329 F.3d 1320 (Fed. Cir. 2003).
• Defended the Washington Metropolitan Area Transit Authority against a $47 million claim by one of the Metro’s construction contractors – KiSKA-Kajima v Washington Metropolitan Area Transit Authority.
• Represented Fabritech, Inc. in successful bid protest against the Army’s exclusion of Fabritech from bidding on an aircraft maintenance contract – Fabritech, Inc., B-298247, 2006 CPD ¶112.
• Represented Burns and Roe Service Corporation in successfully overturning the award of a multi-year Navy contract to a competitor – Burns and Roe Services Corporation, B-291530, 2004 CPD ¶85.
• Represented Sabreliner Corporation in successfully protesting the award of a sole-source contract to the client’s competitor – Protest of Sabreliner Corporation, b-288030, 2001 CPD ¶170.
• Won partial summary judgment and subsequent favorable settlement for ICF Kaiser in connection with a dispute arising from a Department of Energy subcontract – ICF Kaiser Hanford Company v. Westinghouse Hanford Co. (E.D. Wash., Mar. 30, 1999).
• Won partial summary judgment on behalf of BEI Defense Systems Co. in connection with the Army’s denial of an unabsorbed overhead claim – BEI Defense Systems Co., ASBCA No. 46399, 95-1 BCA ¶27328.
• Successfully represented Freedom, NY, Inc. in persuading the ASBCA to vacate its prior denial of client’s $21 million claim and to schedule the claim for a new hearing, ultimately leading to a multi-million judgment for the client – Freedom, NY, Inc., ASBCA No. 43965, 96-2 BCA ¶28,502.
• Successfully represented C&D Security Management in connection with a size protest – C&D Security Management, Inc., SBA No. SIZ-4823 (O.H.A. 2006).
Publications
Mr. Katz has written dozens of articles on government contracts and wage-hour topics. He is co-author of, and writes regular supplements for, the following publications (all published by Thompson Publishing Group):
• Employer’s Guide to the Fair Labor Standards Act
• The Fair Labor Standards Handbook for States, Local Governments,
and Schools
• The FLSA Employee Exemption Handbook
• The Public Employer’s Guide to FLSA Employee Classification
Mr. Katz also contributes a regular "Legal Corner" column to Executive Summary, the quarterly newsletter of the Association of Proposal Management Professionals - National Capital Area Chapter, addressing legal issues relating to the preparation of proposals for Government contracts.
Bar Admissions & Memberships
• Admitted, District of Columbia and Maryland Bars
• Admitted, U.S. Court of Appeals for the Federal Circuit, U.S. Court of Appeals for the Fourth Circuit, U.S. Court of Appeals for the Tenth Circuit, U.S. Court of Federal Claims, U.S. District of Colorado
• Member, District of Columbia Bar, Government Contracts and Litigation Section
Professional Affiliations
• Association of Proposal Management Professionals
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