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Home > Professionals > David Z. Bodenheimer

David Z. Bodenheimer

Partner

************@*******.***

Washington

1001 Pennsylvania Avenue, N.W.

Washington, DC 20004-2595

Phone: 202-***-****

Fax: 202-***-****

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David Z. Bodenheimer is a partner in the law firm of Crowell & Moring LLP in the DC

office where he heads the Homeland Security Practice and specializes in Government

Contracts, False Claims Act, Privacy, and Cybersecurity. For more than 25 years, he has

found solutions for clients whenever and wherever problems arise in doing business with

the Government.

Government Contracts. Mr. Bodenheimer represents all sizes of technology clients

(computer hardware and software, major weapon systems, biodefense, satellite and space

services, and military avionics and equipment). He litigates, counsels and resolves the

full range of issues that clients confront in selling to the Government. Highlights

include the following:

Defective Pricing. Counseling on TINA cost and pricing matters, teaching the Defective

Pricing course, and litigating major cases define the core of his defective pricing

practice. See, e.g., Wynne v. United Technologies Corp., 463 F.3d 1261 (Fed. Cir. 2006),

affirming 05-1 BCA P 32,860 and 04-1 BCA P 32,556 (defeated $299 million defective pricing

claim after 33-day trial and Federal Circuit appeal). He also authored the Defective

Pricing Handbook published by Thomson Reuters.

Protests. His 25-year protest experience spans all forums (court, GAO, and agency), with

the best ones being successfully resolved through agency corrective action without a

decision, while others have established precedents in key areas. See, e.g., Health Net

Federal Services, LLC, 2009 CPD P 220 (winning protest against $16 billion award after 5-

day hearing, establishing key precedents on unfair competitive advantage, price realism,

past performance, and staffing); AT&T Government Solutions, Inc., 2008 CPD P 170

(establishing contractor's due process rights of notice, opportunity to respond, and right

to mitigate organizational conflicts of interest (OCIs)); DRS C3 Systems, LLC, 2008 CPD P

103 (winning protest on past performance evaluation of $65 million shipboard display

award); IBM Corp., 2008 CPD P 64 (prevailing on protest against cost and price evaluation

of $125 million financial management system); Gentex Corp. v. United States, 58 Fed. Cl.

634 (2003) (sustaining protest against misleading and unequal discussions on $400 million

award for aircrew helmets for nuclear, biological, and chemical protection).

False Claims Act (FCA) & Investigations. He defends fraud investigations and subpoenas

(DCIS, AFOSI, Army CID, DOD IG, NSF IG, and Postal IG) relating to battlefield

contracting, ethics rules, defective pricing, labor charging, progress payments, cost

claims, government property, and postal equipment. His FCA litigation includes continuing

litigation on a $600 million FCA claim after a 2-month trial and appeal, as well as public

decisions. See, e.g., United States ex rel. Ackley v. International Business Machines, 76

F. Supp. 2d 654 (D. Md. 1999) (briefed and argued jurisdictional dismissal of qui tam

relator's fraud claims); Peoples v. Eagle-Picher Indus., Inc., No. 96-5009-CV-SW-GAF (W.D.

Mo., Jan. 31, 2003) (briefed and obtained disqualification of qui tam relator's counsel,

ultimately leading to dismissal of FCA case).

Prime/Sub Disputes and Issues. He advises both prime and subcontractors on software and

data rights, trade secret and procurement integrity breaches, teaming agreements,

specialty metals requirements, and flowdown terms. He litigates prime/sub disputes in both

federal court and arbitrations. See, e.g., O'Gara Satellite Systems, Inc., vs. Telenor

Satellite Services, Inc., No. AW 04 CV 3841 (S.D. Md. 2005) (achieved no-cost resolution

of lost-profits claim for satellite services after judicial mediation); McDonnell Douglas

Corp. vs. SCI Corp., No. 91CV2077 (E.D. Mo. 1996-97) (conducted 2 weeks of courtroom cross-

examination relating to A-12 prime/sub contract, leading to successful resolution and

withdrawal of default termination).

Counseling & Compliance. Mr. Bodenheimer supports clients in a broad spectrum of areas,

developing strategies for resolving organizational conflicts of interests (from protests

to mitigation plans), conducting compliance reviews (defense, healthcare, and postal

industries), defending against default terminations and cure notices, supporting

convenience termination settlements, protecting software and technical data rights,

preparing claims and requests for equitable adjustment (REAs), and addressing a host of

cost, pricing, and profit issues.

Homeland Security. Mr. Bodenheimer serves as the head of the firm's Homeland Security

practice, where he focuses upon the intersection of this practice with other Crowell &

Moring groups such as Government Contracts, Transportation, Privacy, and International.

SAFETY Act. He has developed SAFETY Act due diligence procedures, untangled complex

insurance issues, advised on applications, prepared regulatory comments, testified before

Congress, and supported legislative and regulatory enhancements to the SAFETY Act.

International Sales. When contractors seek to sell anti-terrorism technology abroad, he

has developed strategies for limiting liability exposure, advised on privacy and security

implications, and analyzed other international risks.

Acquisition Challenges. For the unique challenges of Department of Homeland Security

(DHS) contracting, he has addressed issues relating to inverted corporations and

organizational conflicts of interest, commented on special acquisition risks relating to

requirements definition, and testified before Congress on TSA regulatory exemptions that

have since been legislatively revoked.

Homeland Security Privacy. For privacy issues arising out of Homeland Security technology

(including passenger screening, identity authentication, and data mining), Mr. Bodenheimer

has prepared extensive analyses of privacy requirements, advised on risk mitigation

strategies, and assisted with preparation of policies, procedures, and Privacy Impact

Assessments (PIA).

ABA Committee. As Co-Chair of the ABA Science and Technology Section's Homeland Security

Committee, he supports ABA activities, publications, and panels on the latest

developments, risks, and opportunities in the homeland security arena.

Privacy & Information Security. In the privacy and information security arena, Mr.

Bodenheimer handles emerging dilemmas arising out of data sharing, information technology

(IT) interoperability, cybersecurity, and privacy concerns in the homeland security,

defense, and intelligence industries. His privacy and cybersecurity counseling spans the

Privacy Act, Federal Information Security Management Act (FISMA), DIACAP, NIST, USA

PATRIOT Act, cyber warfare, electronic workplace monitoring, security breach notification

laws, HSPD authentication and biometrics, and federal electronic surveillance. He has

testified before Congress regarding cybersecurity threats, public-private partnerships,

and contractor liability issues for military contractors. He currently serves as Co-Chair

of the ABA Public Contract Law Section's Cybersecurity Committee.

Prior to joining Crowell & Moring LLP, Mr. Bodenheimer worked for the Department of the

Navy from 1982 to 1988 in various positions, including Assistant to the General Counsel,

where he handled default termination litigation, suspension and debarment, foreign

military sales, major claims and disputes, NATO negotiations, and bid protests (GAO,

agency, and district court actions).

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