J.D., William & Mary Law School; Order of the Coif
B.A., The Johns Hopkins University
Editor, Public Contract Law Journal
Articles Editor, William & Mary Law Review
Law Clerk for the Honorable D. Brooks Smith, U.S. Court of Appeals for the Third Circuit (2003-2004)
Law Clerk for the Honorable Christine Odell Cook Miller, U.S. Court of Federal Claims (2001-2002)
Bar and Court Admissions
District of Columbia Bar
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Federal Claims
Dan, recognized by Chambers USA as one of Washington, DC’s “Leading Lawyers” in his field, is commended for his broad range of legal matters and for leading “the next generation of Wiley protest lawyers” (2013). Clients have said “he does outstanding work and gets good results” (2013), is an “exceptionally strong litigator” (2010), and is “incredibly in tune with the laws and regulations” (2011). Approximately half of his practice involves litigation, including bid protests, Contract Disputes Act appeals, prime/subcontractor disputes, and commercial litigation. Dan has litigated cases before the U.S. Court of Federal Claims (COFC), the U.S. 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.
The remainder of Dan’s practice involves counseling clients on potential contract disputes and protest challenges, mergers and acquisitions, business restructures and reorganizations, accounting practice changes, and internal investigations. In particular, he often advises clients on compliance with ethics laws and regulations, including post-employment restrictions applicable to government employees. Dan actively participates in Wiley Rein’s pro bono program and has successfully argued before the U.S. Court of Appeals for the Federal Circuit and the U.S. Court of Appeals for Veterans Claims in several Veterans’ benefits cases. He is a certified Legal Lean Sigma Institute (LLSI) White Belt, and uses the LLSI process and project management approach to deliver increased value to clients.
- Lead counsel in an appeal before the Civilian Board of Contract Appeals (CBCA) regarding a claim for differing site conditions, constructive changes, acceleration, and breach of contract. This matter was the subject of a three-week trial that involved over 25 fact and expert witnesses, including Critical Path Method (CPM) schedule experts, and extensive classified testimony and evidence.
- Counsel in multiple GAO protests involving the Department of Health and Human Services' (HHS) award of Medicare Administrative Contractor (MAC) contracts collectively worth hundreds of millions of dollars, including the successful defense of the first such contract in 2006. Most recently, Dan was lead counsel in the successful defense of the JH MAC award in a protest before GAO in 2011-2012.
- Defended a major federal construction contractor against subcontractor claims filed in the Federal District Court, ultimately negotiating a favorable settlement after aggressively challenging the merits of the subcontractor's claims in a motion to dismiss and debunking the subcontractor's CPM schedule analysis during settlement discussions.
- Lead attorney for a major construction firm in the successful defense of a protest before the COFC challenging the award by the Federal Emergency Management Agency (FEMA) of four Public Assistance Technical Assistance Contractor contracts with a combined value of up to $2 billion. The procurement had been challenged three times at the GAO, and the COFC protest finally resolved the litigation.
- Represented a subcontractor in the successful mediation of a prime/sub dispute that included the withdrawal of a termination for default and the favorable settlement of counter-claims by the client.
- Represented one of the nation's leading health care companies in the sale of a wholly-owned subsidiary established to perform Medicare services for the Government. Also, provided day-to-day management of a team of 12 attorneys conducting due diligence on behalf of the purchaser for the acquisition of a major government construction contractor.
- Advised a major aerospace and defense contractor on a variety of issues related to the contractor's restructuring and consolidation of multiple business segments, including the novation of certain contracts and impacts to existing Forward Pricing Rate Agreements, pending proposals, and Truth in Negotiations Act (TINA) certifications.
- Helped obtain successive dismissals of two complaints alleging antitrust, Racketeer Influenced and Corrupt Organizations Act (RICO) and other causes of action against a major aerospace contractor in Federal District Court.
- Participated in the negotiation of a favorable settlement with the Government of False Claims Act and common law fraud claims against a major IT contractor.
- Negotiated the ratification of an unauthorized commitment of $750,000 in connection with a task order issued by the U.S. Department of Agriculture (USDA) for help desk services.
- Adjunct Professor in Government Contracts, George Mason University School of Law (Fall 2008-Fall 2012)
- American Bar Association (ABA), Section of Public Contract Law
- Council Member
- Co-Chair, Health Care Contracting Committee
- Vice-Chair, Contract Claims and Disputes Resolution Committee
- Associate Editor, Public Contract Law Journal
- Services Contracting Best Practices Task Force (2011)
- Federal Circuit Bar Association (FCBA)
- Board of Governors
- Vice-Chair, Government Contracts Committee
- Listed by Chambers USA as one of "America's Leading Lawyers for Business" in Government Contracts (2013-2015) and "America's Leading Lawyers for Business - Up and Coming" (2010-2012)
- Recognized by Law360 as a "Rising Star" in Government Contracts Law (2012)
- Received 2013 Burton Legal Writing Award
- Named one of DC's "Super Lawyers" for Government Contracts by Super Lawyers magazine (2013-2015)
News & Insights
- May 19, 2015 | Press Release
- April 28, 2015 | Washington, DC | PanelistFraud/ForfeitureFCBA Government Contracting Summit
- April 23, 2015 | Press Release
- May 23, 2014 | Press Release
- April 25, 2014 | Press Release
- Winter 2014 | ArticlePublic Contract Law Journal Vol. 43, No. 2
- Winter 2014 | ArticleInspection, Acceptance, and Warranty: Fundamental Government Contracting Principles Take on Heightened Importance in Wake of Federal Budget UncertaintyThe Procurement Lawyer, Vol. 49, No. 2By Daniel P. Graham, Gary S. Ward
- September 30, 2013 | Alert
- September 13, 2013 | AlertFederal Circuit Gives Judges Greater Discretion to Second-Guess Cost Reasonableness; Denies Government's Ambitious Fraud CounterclaimsBy Daniel P. Graham, Brian Walsh
- September 12, 2013 | Press Release
- Summer 2013 | ArticleFederal Circuit Year-In-Review 2012: Guarding the Gates of Government Contracts LitigationPublic Contract Law Journal, Vol. 42, No. 4
- Summer 2013 | Newsletter
- May 29, 2013 | Press Release
- May 24, 2013 | Press Release
- May 17, 2013 | AlertEnforceable Contract or Unenforceable Agreement to Agree? The Importance of Specificity in Teaming AgreementsBy Daniel P. Graham, Tyler E. Robinson
- April 19, 2013 | Press Release
- April 18, 2013 | Press Release
- February 8, 2013 | Alert
- January 4, 2013 | Press Release
- Summer 2012 | Newsletter
- July 16, 2012 | ArticleBloomberg BNA's Health Care Policy Report
- June 12, 2012 | Press Release
- June 7, 2012 | Press Release
- Summer 2012 | ArticleFederal Circuit Year-In-Review 2011: Certainty and Uncertainty in Federal Government ContractsPublic Contract Law Journal, Vol. 41
- April 18, 2012 | Press Release
- March 22, 2012 | Annapolis, MD | Co-ChairForecast for Federal Procurement in 2012 and Beyond18th Annual Federal Procurement Institute
- March 19, 2012 | Press Release
- February 29, 2012 | ArticleSupreme Court Rejects Eighth Amendment Bivens Lawsuit Against Contract Staff at Federal PrisonBloomberg BNA's Federal Contracts Report
- January 11, 2012 | Washington, DC | ModeratorPractical Issues in Forum Selection in Government Contracts DisputesABA Contract Claims and Disputes Resolution Committee
- November 22, 2011 | AlertDoD Issues Final Rule Amending DFARS to Require Contractors to Represent Former Officials' Compliance with Post-Employment Restrictions; Update: President Signs Legislation to Repeal Three Percent Withholding On Payments to Government Contractors
- November 3, 2011 | AlertFAR Councils Issue Final Rule Aimed at Preventing Contractor Employee Personal Conflicts of InterestBy Daniel P. Graham, John R. Prairie
- November 2, 2011 | Washington, DC | SpeakerDue Diligence in Government Contract Mergers & AcquisitionsFederal Publications Seminars
- June 27, 2011 | ArticleSupreme Court to Decide for First Time Whether Federal Contractors' Employees May be Subjected to Bivens ActionsBNA's Federal Contracts ReportBy Craig Smith, Daniel P. Graham
- June 13, 2011 | Press Release
- June 6, 2011 | Alert
- 2011 | ArticleAn Early Start of Specialized Due Diligence Is Key to Successful M&A Transactions Involving Government ContractorsThe Metropolitan Corporate Counsel
- May 25, 2011 | SpeakerOrganizational Conflicts of Interest and What the Recent FAR Proposal Will Mean for Your BusinessTechAmerica Webinar
- May 11, 2011 | Washington, DC | SpeakerDue Diligence in Government Contract Mergers & AcquisitionsFederal Publications Seminars
- April 27, 2011 | AlertBy Kara M. Sacilotto, Daniel P. Graham
- April 8, 2011 | Alert
- April 7, 2011 | Washington, DC | Speaking EngagementFCBA Bench & Bar
- March 30, 2011 | AlertSupreme Court Ruling on Medicaid Suits Limits Third Party Beneficiary Liability Under Federal Contracts
- March 16, 2011 | Waltham, MA | Speaking EngagementDisputes and Requests for Equitable AdjustmentsNCMA's 50th Annual March Workshop
- March 11, 2011 | ArticleLaw360
- February 25, 2011 | Alert
- June 14, 2010 | Press Release
- June 11, 2010 | Press Release
- February 11, 2009 | Press Release
- December 31, 2008 | Press Release
- November 25, 2008 | Press Release
- July 1, 2008 | Press Release
- September 20, 2007 | Press Release
- September 14, 2006 | Press Release