Stephen J. McBrady

Partner

Overview

Steve McBrady helps clients navigate the most complex government-facing issues, including litigation and internal investigations, due diligence in support of M&A transactions, ethics and compliance counseling, and government audits. He frequently serves as a strategic adviser to in-house counsel and corporate executives on high-stakes matters involving the U.S. government, drawing on two decades of experience in Washington, and is widely viewed as one of the “go-to” lawyers for disputes involving the U.S. government. 

Steve is co-chair of the Government Contracts Group and a member of the firm’s Management Board. Over the past several years, he has received the National Law Journal’s “Winning Litigator” award as a lawyer who has “tackled some of the most widely watched cases of the year,” as well the “D.C. Trailblazer” award, recognizing lawyers who have “made significant marks on the practice.” Steve has been named one of the top lawyers in the government contracts field by Chambers USA, and in both 2018 and 2022, was named “Government Contracts MVP” by Law360.

Over the course of his career, Steve has successfully litigated dozens of cases before the U.S. Court of Federal Claims, the U.S. Court of Appeals for the Federal Circuit, boards of contract appeals (ASBCA, CBCA, PSBCA), and state and federal courts around the country. In 2020, he served as counsel in the landmark $13 billion Affordable Care Act “risk corridors” litigation at the U.S. Supreme Court, resulting in an 8-1 decision in favor of his clients.

In the lower courts, Steve’s litigation teams have scored precedent-setting victories in matters arising under the Contracts Disputes Act, the Tucker Act, and the Federal Arbitration Act, winning judgments ranging from $1 million to over $600 million. He has also represented numerous states in disputes with the U.S. government, including Colorado, Kentucky, Arizona, and Maryland.  Outside the courtroom, he is often called upon to resolve sensitive commercial matters via alternative dispute resolution, including confidential arbitration and mediation, and has developed a reputation for resolving cases early in the dispute stage, identifying win-win legal and business resolutions.

Steve’s commentary on government-facing issues have been featured in The New York Times, Politico, and various other print, radio, and television media.  He frequently speaks at government and industry events around the country, and he provides on-site training to legal and executive teams on a range of topics.

Steve has served as vice chair of Crowell’s Recruiting Committee and is an active sponsor of young and diverse attorneys throughout the firm. His focus on community service has earned him numerous awards over the years, including being named to the Capital Pro Bono Honor Roll.

Career & Education

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    • U.S. Senate
      Legislative Aide, U.S. Senator Susan M. Collins, 2001–2003
    • Colorado
      Special Assistant Attorney General, 2018–2021
    • U.S. Senate
      Legislative Aide, U.S. Senator Susan M. Collins, 2001–2003
    • Colorado
      Special Assistant Attorney General, 2018–2021
    • Cornell University, B.A.
    • The George Washington University Law School, J.D.
    • Cornell University, B.A.
    • The George Washington University Law School, J.D.
    • District of Columbia
    • Virginia
    • Supreme Court of the United States
    • U.S. Court of Federal Claims
    • U.S. District Court for the District of Columbia
    • U.S. District Court for the Eastern District of Virginia
    • U.S. District Court for the Western District of Virginia
    • U.S. Court of Appeals for the Fourth Circuit
    • U.S. Court of Appeals for the Federal Circuit
    • U.S. Court of Appeals for the D.C. Circuit
    • District of Columbia
    • Virginia
    • Supreme Court of the United States
    • U.S. Court of Federal Claims
    • U.S. District Court for the District of Columbia
    • U.S. District Court for the Eastern District of Virginia
    • U.S. District Court for the Western District of Virginia
    • U.S. Court of Appeals for the Fourth Circuit
    • U.S. Court of Appeals for the Federal Circuit
    • U.S. Court of Appeals for the D.C. Circuit
  • Professional Activities and Memberships

    Board of Advisors, Mayflower Foundation
    Aerospace & Defense Law360 Editorial Advisory Board Member, 20142017

    Professional Activities and Memberships

    Board of Advisors, Mayflower Foundation
    Aerospace & Defense Law360 Editorial Advisory Board Member, 20142017

    • French
    • Spanish
    • French
    • Spanish
Naturally a good communicator, Steve is effective as a result of his strategic positioning and his appreciation for opposing viewpoints, countering them all the better based on his deep understanding of the subject matter at hand. Steve is well respected among his peers for good reason: He is superbly prepared and his arguments are rock solid.

— Kevin Lewis, CEO, Health Options

Stephen's Insights

Client Alert | 2 min read | 10.28.24

So You’re Telling Me There’s a Chance: Contractor Recovers COVID-Related Quarantine Costs

In Chugach Federal Solutions, Inc., ASBCA Nos. 62712, et al., the Armed Services Board of Contract Appeals held that a contractor could recover its costs for having to quarantine personnel in accordance with government-imposed COVID safety requirements, because the underlying contract contemplated that the contractor would be compensated for complying with any changes to health and safety requirements....

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Stephen's Insights

Client Alert | 2 min read | 10.28.24

So You’re Telling Me There’s a Chance: Contractor Recovers COVID-Related Quarantine Costs

In Chugach Federal Solutions, Inc., ASBCA Nos. 62712, et al., the Armed Services Board of Contract Appeals held that a contractor could recover its costs for having to quarantine personnel in accordance with government-imposed COVID safety requirements, because the underlying contract contemplated that the contractor would be compensated for complying with any changes to health and safety requirements....