Paul R. Hurst Of Counsel
[email protected] . 1330 Connecticut Avenue, NW Washington, DC 20036 . +1 202 429 8089 direct 202.429.3902 fax
Areas of Practice Litigation Government Contracts IP Government Contracts Complex Litigation Industrial Security Construction Education University of Pennsylvania Law School, J.D., 1995 University of Delaware, B.A., Economics, 1992 Bar & Court Admissions District of Columbia New York US Supreme Court US Court of Federal Claims US District Court of the District of Columbia US Court of Appeals for the District of Columbia Circuit US Court of Appeals for the Federal Circuit US Court of Appeals for the Fourth Circuit
Paul R. Hurst is Of Counsel in Steptoe's Washington office. He is a member of the Litigation Department and the Government Contracts Group, with significant experience in complex civil litigation and a focus on litigation and investigations involving government contracts. Government Contracts Mr. Hurst represents government contractors in the defense, construction, and healthcare industry. His practice includes litigating bid protests at the General Accountability Office, the Court of Federal Claims, the Small Business Administration, and state and local forums. Mr. Hurst has substantial experience in other government contracts-related litigation, ADR, and other proceedings, including claims, internal investigations, government audits and investigations, reverse FOIA matters, and civil False Claims Act and qui tam actions. He also counsels clients on matters relating to federal procurement statutes and regulations, including compliance, contract changes, the False Claims Act, the Anti-Assignment Act, Small Business contracting, federal procurement, procurement integrity, and corporate counseling for mergers and acquisitions involving government contractors. Please view Mr. Hurst's representative government contracts experience. Litigation Mr. Hurst handles a variety of litigation matters. He has litigated cases involving contract disputes, fraud, construction-related claims, RICO, and intellectual property pending in federal courts and state courts across the nation. During his tenure at the firm, Mr. Hurst also participated in the firm’s Legal Aid Loaned Associate Program. As a loaned associate to the Legal Aid Society of DC, Mr. Hurst gained a tremendous amount of trial experience representing indigent clients in matters pending before the Superior Court for the District of Columbia. Please view Mr. Hurst's representative litigation experience. Representative Matters Mr. Hurst’s government contracts experience includes the following:
Paul R. Hurst
Represented large and small clients in bid protests either challenging or defending (as intervenor) agency procurement decisions involving a wide spectrum of evaluation and award issues, including sole source contracting, technical, cost, and past performance evaluations, small business size status, responsiveness, and unfair competitive advantage/procurement integrity. Represented clients in internal investigation and defense of False Claims Act violations alleged by the US Attorneys’ Office. Assisted clients in preparing multi-million dollar claims for differing site conditions, contract changes, variations in estimated quantities (VEQ), and other requests for equitable adjustments under Federal contracts. Assisted clients in responding to Inspector General audits of costs charged to Federal grants for performance of work in Iraq and Afghanistan, including challenges to costs charged for private security contractors. Represented client in claim filed with the Armed Services Board of Contract Appeals to recover additional costs under the Differing Site Conditions clause. After the Court denied the government’s motion to dismiss for lack of jurisdiction, the matter was settled. Great Lakes Dredge & Dock Co., LLC, ASBCA Nos. 53929, 54266 (2004). Represented client in responding to Government audit of the compliance with the contract’s terms for pricing items purchased under a prime vendor contract awarded by the Defense Logistics Agency. This matter was resolved in mediation with the agency. Represented clients in administrative appeals of disallowed costs under Federal grants. Represented technology company in contract dispute with California’s Metropolitan Transportation Commission in federal district court and before the U.S. Court of Appeals for the Ninth Circuit. Metropolitan Transportation Commission v. Motorola, Inc., No. C 06-2302 (N.D. Cal.), on appeal, No. 07-15576 (9th Cir.) Represented individual employees of drug manufacturer in connection with allegations of off-label marketing and submission of false claims under Medicare, including preparation for interviews by the US. Attorneys’ Office and testimony before the grand jury. Mr. Hurst’s litigation experience includes the following: Successfully defended two defendants in criminal jury trial prosecuted by the US Attorneys’ Office for allegedly disrupting Congress. United States v. Szulgit et al., Nos. M 08680-00, M 08684-00 (D.C. Super. Ct).
Paul R. Hurst
Successfully represented civil rights organization in obtaining preliminary injunction in federal district court of South Carolina against city officials of major tourist destination. Represented utility company in defense of complex civil RICO and fraud claims seeking over $1 billion in connection with negotiation of coal supply contracts, including preparation of amicus brief to the United States Supreme Court in related case. Navajo Nation v. Peabody Holding Co., et al., Civil Action No. CA-99-0469-EGS-AK (D.D.C). Represented insurance company in connection with construction defect and fraud claims asserted in arbitration filed with the International Chamber of Commerce. Represented technology company in defense of breach of warranty and breach of contract claims arising under asset purchase agreement. Hilbrich et al. v. Motorola, Inc., et al., C.A. No. 2845-VCL (Del. Ch.). Select Seminars & Events “The False Claims Act & GSA Schedule Contracts,” Government Contract Accounting & Compliance Developments Conference, June 13, 2014 “Fundamentals of Ethics and Compliance,” The Coalition for Government Procurement Webinar, February 6, 2014 Panelist, “Legal Issues Facing Contractor,” Institute of Management Accountants’ (IMA) Government Contracts Seminar, November 2012 Lecturer, Bid Protests for Government Contracts Advocacy, The George Washington University, LLM Program, 2011 & 2012 Presenter, “Key Legal Requirements for Federal Contractors,” FedMarket.com Seminar on Government Contracts, August 2011 Foreign Investment in US Security Market, WestLegal, July 13, 2011 Selected Publications Beware of Protest-Proof Procurements January 15, 2014 . Government Contracts Advisory - DoD Proposed Rule Expands Organizational Conflicts Of Interest Coverage April 29, 2010 . Revised FAR Rule on Business Ethics and Conduct - A “Sea Change” November 21, 2008 . Contributor, United States Court of Federal Claims Bar Association, The Court of Federal Claims Deskbook for Practitioners, Fifth Ed. 2008 .
Paul R. Hurst
Protests of Task and Delivery Orders under Multiple Award Contracts: Conflicting Authority for Protests of Orders under GSA Schedule Contracts and Proposals to Expand Protest Jurisdiction August 21, 2007, Federal Contracts Reporter, Vol. 88, No. 8, at p. 198 . Past is Prologue: The Clean Contracting Act as the Paradigm for Procurement Reform in the 110th Congress January 24, 2007, The Government Contractor Vol 49 No 3 . Co-author, The Limits of Trust – Cryptography, Governments and Electronic Commerce 1998 . Professional Affiliations Section of Public Contract Law, American Bar Association
