Scott M. McCaleb

Bid Protests: Numerous successes before GAO, Court of Federal Claims and the Federal Circuit involving billions of dollars, including landmark decisions: the “Tanker” protest, The Boeing Co., B-311344, June 18, 2008, 2008 CPD ¶ 114; Turner Construction Co. v. U.S., 94 Fed. Cl. 561 (2010); and Alabama Aircraft Industries v. U.S., 586 F.3d 1372 (Fed. Cir. 2009). Appellate Litigation: Extensive successful appellate experience for both parties and amici curiae, including: The Boeing Co. v. U.S., 119 F.4th 17 (Fed. Cir. 2024); The Boeing Co. v. Sec’y of the Air Force, 983 F.3d 1321 (Fed. Cir. 2020); CGI Fed. Inc. v. U.S., 779 F.3d 1346 (Fed. Cir. 2015); Turner Construction Co. v. U.S., 645 F.3d 1377 (Fed. Cir. 2011); U.S. ex rel. Totten v. Bombardier, 380 F.3d 488 (D.C. Cir. 2004); and General Electric Co. v. Delaney, 251 F.3d 976 (Fed. Cir. 2001). Commercial Litigation: Broad experience successfully litigating disputes between competitors, prime and subcontractors, and putative class actions, involving claims of multiple billions of dollars based on allegations of trade secret misappropriation, racketeering, antitrust and TCPA violations, contract breach, and state secrets, such as Lockheed Martin Co. v. The Boeing Co., 2005 WL 729685 (M.D. Fla. 2005), Cunningham v. General Dynamics Information Tech., 2017 WL 1682534 (E.D. Va. 2017); and Wever v. AECOM, 2017 WL 5139263 (E.D. Va. 2017). Termination and Claims Litigation: Represented clients successfully in connection with numerous claims and contract terminations (default and convenience) involving billions of dollars and classified programs (e.g., the A-12 termination), with many resolved through negotiation while others required litigation. See, e.g., The Dow Chem. Co., CBCA No. 5542, 2016 WL 7233226 (2016) ($375M judgment). Fraud Investigations and Litigation: Represented numerous clients in connection with Government claims of contractor wrongdoing, including conducting internal investigations, engaging agency Suspension & Debarment Officials, and litigating fraud and false claims allegations.