- 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
Bar & Court Admissions
- District of Columbia Bar
- Virginia Bar
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Federal Claims
Daniel P. GrahamPARTNER
Mr. Graham, 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. Mr. Graham 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 Mr. Graham’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. Mr. Graham 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.
- 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, Mr. Graham 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 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 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 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.
HONORS & AWARDS
- Listed by Chambers USA as one of "America's Leading Lawyers for Business" in Government Contracts (2013-2014) 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 (2013-2014).
PUBLICATIONSCURRENT | CHOOSE YEAR | VIEW ALL
- Risk Allocation in State Health Care IT Contracting under the ACA
Daniel P. Graham and Nooree Lee
Winter 2014 | Public Contract Law Journal Vol. 43, No. 2
- Inspection, Acceptance, and Warranty: Fundamental Government Contracting Principles Take on Heightened Importance in Wake of Federal Budget Uncertainty
Daniel P. Graham, W. Barron A. Avery and Gary S. Ward*
Winter 2014 | The Procurement Lawyer, Vol. 49, No. 2
- Déjà vu All Over Again--Five Steps to Prepare for a Government “Shutdown”
Daniel P. Graham and Craig Smith
September 30, 2013
- Federal Circuit Gives Judges Greater Discretion to Second-Guess Cost Reasonableness; Denies Government's Ambitious Fraud Counterclaims
Daniel P. Graham, Brian Walsh and Collin Swan
September 13, 2013
- Federal Circuit Year-In-Review 2012: Guarding the Gates of Government Contracts Litigation
Daniel P. Graham, Brian Walsh, W. Barron A. Avery, Tracye Winfrey Howard, Tara L. Ward, Collin Swan and Laura E. Sherman
Summer 2013 | Public Contract Law Journal, Vol. 42, No. 4