Verified profile

Brian Walsh

Government Contracts Attorney at Wiley Rein LLP

Brian Walsh's profile photo
LocationWashingtonDistrict of Columbia, United States
Current rolePartnerWiley Rein LLP · since Jul 2014
Government service1yrCourt of Appeals for the Federal Circuit · U.S. District Court

About

Brian counsels and represents government contractors and subcontractors, as well as federal and state grant recipients, on a broad range of government contracts matters, including contract claims and disputes, teaming and subcontracting issues, data rights and intellectual property issues, government investigations and audits, and compliance with ethics and procurement integrity laws. He further represents clients in bid protests before the Government Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC) and has litigated hundreds of protests at these forums.

Brian also actively participates in Wiley’s pro bono program and has assisted clients in achieving successful results in a variety of different areas, including parole hearings, divorce and custody matters, and landlord-tenant disputes.

Roles

Jul 2014–Present
Current role

Partner

Wiley Rein LLP

Washington, District of Columbia

Civil LitigationGovernment ContractsContract Attorney

Specializing in Government Contracts

Feb 2014–Jul 2014
Former role

Special Counsel

Covington & Burling

Washington, District of Columbia

Legal Officers and Practitioners
Oct 2007–Jan 2014
Former role

Attorney

Wiley Rein LLP

Washington, District of Columbia

Attorney
Sep 2006–Sep 2007
Former role

Law clerk

Court of Appeals for the Federal Circuit

(appointed)District of Columbia

Law ClerkResearchLegal Assistance

Served as judicial law clerk to the Honorable Daniel M. Friedman, researching and drafting opinions, orders, and bench memoranda.

Jul 2004–Sep 2004
Former role

Intern

U.S. District Court

(appointed)Pennsylvania Eastern District

ResearchLegal Assistant

Intern for the Honorable Mary A. McLaughlin and the Honorable Thomas J. Rueter, U.S. District Court for the Eastern District of Pennsylvania (Summer 2004).

Representative matters

Experience

May 2025

Litigates bid protests before agencies, the GAO and the COFC. Counsels clients in the development of government contracts ethics and corporate compliance programs. Represents and counsels health care clients, including Medicare and Medicaid claim processors, in protests and contract and grant administration matters relating to Defense Health Agency, the Centers for Medicare & Medicaid Services, and state and local contracts. Defends clients proposed for suspension and/or debarment from contracting with the federal government. Represents government contractors in claims and disputes before the COFC and the Boards of Contract Appeals. Counsels clients on data rights, licensing and technology agreements, proprietary information and non-disclosure agreements, and other intellectual property issues, including protection of proprietary and confidential information from release under the Freedom of Information Act (FOIA). Represent clients in “prime-sub” disputes in state and federal district courts. Defends False Claims Act (FCA) actions in federal district courts, including claims of whistleblower protection violations. Conducts internal investigations relating to various government contracting issues and defends clients in U.S. Department of Justice (DOJ) and inspector general investigations. Assists clients in drafting Requests for Equitable Adjustments (REA) based on added costs incurred during the performance of a government contract. Counsels clients on the Federal Acquisition Regulation (FAR) and export control regulations.

Recognition

Honors

Government Contracts MVP

Law360

January 2022

Recognized by Law360 as a Government Contracts MVP (2022)

DC Rising Star

The National Law Journal

January 2019

Named by The National Law Journal a “DC Rising Star” (2019)

DC’s “Super Lawyers”

Super Lawyers magazine

January 2023

Named one of DC’s “Super Lawyers” (2020-2023) and “Rising Stars” (2017-2018) for Government Contracts by Super Lawyers magazine

Listed in

Chambers USA

January 2024

Listed by Chambers USA in Government Contracts (2017-2024), Government Contracts: Bid Protests (2021-2024), and “America’s Leading Lawyers for Business – Up and Coming” (2017–2019) in Government Contracts.

Recommended Lawyer

The Legal 500 US

January 2024

Recognized by The Legal 500 US as a "Recommended Lawyer" in Government Contracts (2017-2018, 2020, 2022-2024)

Washington’s Top Lawyers

Washingtonian magazine

February 2024

Named one of “Washington’s Top Lawyers” by Washingtonian magazine (2024)

Publications & speeches

Update: Federal Judge Blocks NIH Cap on Indirect Rates for Grants

Wiley.law

March 2025

*This alert was originally published on February 11, 2025, and was updated on March 6, 2025. UPDATE: On March 5, 2025, Judge Angel Kelley, a federal district court judge sitting in Massachusetts, granted a nationwide preliminary injunction which serves to temporarily block the Trump Administration’s attempt to cap the indirect cost rates of National Institutes of Health (NIH) grants at 15%. Judge Kelley granted the preliminary injunction in response to three different actions challenging the February 7 Notice issued by NIH. One of the actions was filed by states, another was filed by medical associations, and another was filed by higher-education associations and universities. The order granting the preliminary injunction highlights the impact the Notice would have on quality of research, public health, and human life.

Link

DOT Order Links Federal Transportation Funds to Marriage and Birth Rates

Wiley.law

February 2025

On January 29, 2025, Transportation Secretary Sean Duffy issued an Order announcing that the U.S. Department of Transportation (DOT) would prioritize issuing grants, loans, and contracts to communities with “marriage and birth rates higher than the national average.”

Link

The Impact of IoT Supply Chain Risks on Government Contracts

Wiley Connect

January 2025

In this episode of Wiley’s Government Contracts podcast, partners Tracye Howard and Sara Baxenberg discuss the evolving national security concerns surrounding Internet of Things (IoT) modules produced by Chinese companies like Quectel. They delve into the implications of these developments for government contractors, focusing on the recent addition of Quectel to the U.S. Department of Defense's 1260H List and upcoming restrictions from the National Defense Authorization Act (NDAA). The conversation explores the interplay of various regulatory frameworks, potential changes to the FCC’s covered list, and the broader implications for supply chains and contracting with the DOD.

Link

Federal Procurement Needs More Updates, Fewer Compliance Hurdles

Bloomberg Law

November 2024

Link

May 2025 Case of the Month

Public Contracting Institute (PCI)

May 2025

Case of the Month Club, a program in which our expert instructors will take a deep dive into recent decisions involving issues that affect all of us on a regular basis. This class, meant for contracting professionals, will focus on different cases, going beyond the mere holding into the history, tactics, and significance of the case as a whole. Whether the cases are bid protests or contract claims, our instructors, all of whom are experienced professionals, will discuss the facts of the cases at hand, the reasons why the cases are important, the strategies that were used, and the lessons that can be learned from them. To maximize your experience, we will send you copies of the cases in advance so that you are primed for the discussion when our program begins. Sound interesting? We hope so, and we look forward to having you with us for the start of the series.

Link

April 2025 Case of the Month

Public Contracting Institute (PCI)

April 2025

Please join our Case of the Month Club, a program in which our expert instructors will take a deep dive into recent decisions involving issues that affect all of us on a regular basis. This class, meant for contracting professionals, will focus on different cases, going beyond the mere holding into the history, tactics, and significance of the case as a whole. Whether the cases are bid protests or contract claims, our instructors, all of whom are experienced professionals, will discuss the facts of the cases at hand, the reasons why the cases are important, the strategies that were used, and the lessons that can be learned from them. To maximize your experience, we will send you copies of the cases in advance so that you are primed for the discussion when our program begins. Sound interesting? We hope so, and we look forward to having you with us for the start of the series.

Link

Managing Software Licenses in Government Contracts: Lessons from Recent Cases

Wiley.law — PODCAST

March 2025

In this episode of Wiley's Government Contracts podcast, Wiley Partner Scott Felder discusses the complexities of software licensing in government contracts. The group covers key issues like license compliance, terminations, and navigating disputes with government agencies. This episode also highlights the Department of Defense's recent memo encouraging the use of innovative acquisition methods such as Other Transaction (OT) agreements.

Link

March 2025 Case of the Month

Public Contracting Institute (PCI)

March 2025

PCI’s Case of the Month Club edition on March 11 will feature one CDA claims case and a bid protest. The CDA case, Cobeal Consulting Group, ASBCA NO. 63815, 2025 WL 607465 (JAN. 28, 2025), tells the tale of a construction contractor that got caught up in the confusing challenge of understanding the difference between a request for equitable adjustment and a claim.

Link

Stop Work Order – Now What? STOP, DROP, and ROLL!

Public Contracting Institute — Webinar

February 2025

The Trump administration has issued an unprecedented number of Executive Orders that impact contractors and grantees in the month since inauguration. Many of these, such as funding freezes and DEI related EOs, have led to a variety of contract actions being taken by agencies—including the issuance of stop work orders (SWO). In this virtual training, we will discuss what to do if you receive a SWO from an agency including STOP (work), DROP (the SWO on your subcontractors), and ROLL (on with your cost tracking) and everything in between.

Link

February 2025 Case of the Month

Public Contracting Institute (PCI)

February 2025

Link