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Overview

Michael represents federal contractors, grant recipients, and companies and institutions doing business with or having matters before the U.S. Government.

In a diverse array of matters including Construction Litigation and Labor & Employment, Michael is a tenacious advocate for government contractors. He has extensive experience advising and litigating employment-related matters for federal contractors including Davis-Bacon Act, Service Contract Act, federal contractor Paid Sick Leave, federal contractor minimum wage, and OFCCP matters. Michael represents clients in Contract Disputes Act, Miller Act and breach of contract claims in federal and state trial and appellate courts and in bid protests before the U.S. Court of Federal Claims and U.S. Government Accountability Office. In addition, he advises government contractors, federal grant recipients, educational institutions and foreign governments on Federal Acquisition Regulation compliance, facilities and security clearances, False Claims Act, Buy American Act and debarment/suspension.

Over more than 25 years of practice, Michael has significant experience defending employers against trade secret misappropriation, breach of noncompetition and nondisclosure agreements, employment discrimination and retaliation (under a variety of federal and state statutes including Title VII, the Americans with Disabilities Act, Age Discrimination in Employment Act, and False Claims Act), wrongful termination, Fair Labor Standards Act, ERISA, OSHA and unfair labor practice claims in federal and state trial and appellate courts and administrative hearings.

In addition to guiding clients through the complexities of government contracting and labor and employment law, clients appreciate that Michael has significant experience as a commercial litigator, in intellectual property and trademark matters, and challenging federal agency rulemaking and adjudications under the Administrative Procedure Act.

American Bar Foundation Fellow - Michael Schrier

Industry

Services

Education

  • J.D., The George Washington University Law School
  • B.A., Cornell University
    • Economics and Political Science majors, International Relations concentration

Admissions

  • District of Columbia
  • Maryland
  • Pennsylvania
  • Virginia
  • U.S. District Court, District of Columbia
  • U.S. District Court, Central District of Illinois
  • U.S. District Court, District of Maryland
  • U.S. District Court, Western District of New York
  • U.S. District Court, Eastern District of Virginia
  • U.S. District Court, Western District of Virginia
  • U.S. Court of Appeals, District of Columbia Circuit
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Federal Claims
  • U.S. Court of Appeals for Veterans Claims

Professional Memberships and Certifications

  • American Bar Association, Public Contracts Law Section, Section Council (2019-2022); Procurement Division, Co-Chair (2018-2019); Employment Safety and Labor Committee, Co-Chair (2015-2018)
  • American Bar Foundation, Fellow
  • American Arbitration Association, Arbitrator
Experience

Construction

  • Obtained dismissal of mold-related toxic tort claims brought against mechanical subcontractor in Virginia state court arising from renovation of public school building.
  • Represented surety in fraud, mechanics lien and False Claims Act (FCA) claims against general contractors related to default termination on Department of Housing and Urban Development (HUD)-financed project.
  • Successfully resolved trade secret misappropriation, computer fraud, duty of loyalty, and related federal and state employment claims in federal court for national construction company against former employees who started a rival business.
  • Represented national general contractor in state and federal government contracts compliance matters related to large National Guard construction project.
  • Represented general contractor in Fourth Circuit and Eastern District of Virginia federal court in trademark infringement and related employment and business torts claims against contractor's former top employee.
  • Defended regional construction subcontractor in Davis-Bacon Act administrative litigation initiated by U.S. Department of Labor.
  • Won dismissal of Davis-Bacon Act and other related federal contracting and employment claims on behalf of two national construction companies and regional subcontractor in Fourth Circuit and Maryland federal court on grounds that such statutes do not create private cause of action for employees.
  • Defended federal construction company from Fair Labor Standards Act (FLSA)/wage and hour claims for allegedly unpaid overtime.
  • Defended security company in state court from subrogation-related contract and tort claims related to apartment fire at apartment complex under construction.

Labor & Employment

  • Obtained summary judgment and dismissal for national cemetery company in federal race and gender discrimination and retaliation case.
  • Obtained dismissal of Equal Employment Opportunity Commission (EEOC) and related state charges of employment discrimination brought by terminated employees against federal services contractor.
  • Obtained dismissal of National Labor Relations Board (NLRB) unfair labor practice charges for federal contractor brought by government service center employees' union.
  • Defended nursing home in delinquent contribution claims arising under Employee Retirement Income Security Act (ERISA).
  • Favorably resolved Occupational Safety and Health Administration (OSHA) citations related to alleged office safety violations by federal contractor information technology (IT)/services company.
  • Litigated three-week Uniform Trade Secrets Act (UTSA) trade secret misappropriation trial in Western District of Texas federal court involving former executives of medical management company setting up rival company to obtain large government contracts.
  • Defended national electrical subcontractor in trade secret misappropriation, breach of noncompetition agreement and related employment tort claims brought by employee's former employer in Fourth Circuit and Eastern District of Virginia federal court.
  • Represented coal mining companies and their insurance carriers in defense of Black Lung Act administrative claims.
  • Prosecuted federal government employees for Hatch Act violations before Merit Systems Protection Board.
  • Won en banc appeal to U.S. Court of Appeals for Federal Circuit establishing that in-house counsel for prevailing party against federal government in employment cases may obtain market rate fees under Back Pay Act.

Government Contracts

  • Advised federal contractors and related suppliers on whether their workforces constitute "essential workers" under state pandemic orders and related federal Cybersecurity & Infrastructure Security Agency guidance.
  • Advised pharmaceutical companies on federal compliance issues related to their first ever federal contract and/or federal grant in connection with combatting the COVID-19 pandemic.
  • Advised international electronics manufacturer on state procurement contract issues involving CARES Act funding related to COVID-19 pandemic prevention/remediation.
  • Advised national transportation company on state and local procurement issues related to cut-backs in services resulting from the COVID-19 pandemic and potential strategies to entice state and local governments to use CARES Act funds to increase payments to company.
  • Defended Third-Party Administrator from U.S. Department of Labor ERISA civil action in federal court concerning alleged fiduciary breaches and prohibited transactions involving Service Contract Act compliant health and welfare fund for AbilityOne Program federal contractor.
  • Represented e-discovery provider in "reverse Freedom of Information Act" case to protect provider's confidential pricing and other information contained in its proposal and resulting government contract.
  • Won on behalf of military defense contractor U.S. Government Accountability Office (GAO) preaward bid protest, which was filed against Defense Logistics Agency (contracting on behalf of Army, Navy, and Air Force) and concerned lease of multi-function copiers throughout Republic of Korea.
  • Advised foreign transportation company on federal and state government contracts compliance issues related to proposals for Maryland Purple Line procurement.
  • Initiated state investigations with various Maryland agencies against competitor highway construction company for alleged federal and state contracting compliance issues.
  • Advised manufacturer of state-of-the-art military communications equipment on data and patent rights arising under FAR and DFARS clauses.
  • Advised U.S. subsidiary of foreign electronics and software company on Buy American Act and Trade Agreements Act compliance related to government contracting for transportation rolling stock and equipment.
  • Represented Job Corps Center operators in pre-award bid protests in Federal Circuit and Court of Federal Claims challenging U.S. Department of Labor's decision to preclude large businesses from solicitations for operator contracts.

Commercial Litigation

  • Represented professional investors in Fourth Circuit and Maryland federal court and obtained dismissal of federal and state securities fraud claims filed by former CEO of company.
  • Obtained offer of judgment from federal contractor with listing on GSA Schedule in breach of contract matter on behalf of supplier software company.
  • Represented university in North District of West Virginia federal court trademark infringement and tarnishment case against local t-shirt shop making products using university's registered marks.

Administrative Procedure Act

  • Represented global analytics provider and its employee in Federal Court Administrative Procedure Act challenge to U.S. Citizenship and Immigration Services' (USCIS) denial of H-1B visa for employee to work as data analyst, on grounds that this is not "specialty occupation" under applicable law. Established that USCIS's decision was "arbitrary and capricious," court's jurisdiction was not divested by government's attempt to reopen, and won injunctive relief requiring USCIS to grant visa.
  • Obtained injunction for national association in the Eastern District of Pennsylvania federal court against EEOC preventing it from implementing and enforcing new exemption regulations.
  • Obtained federal appellate court ruling finding federal arsenal employees had legal standing to challenge A-76 decision to outsource and privatize production of tank gun mounts.
  • Represented regional natural resources association as amicus curiae in APA litigation in DC Circuit and DC federal court in support of Department of Interior's decision not to list certain lands on National Register of Historic Places.
Community Leadership
  • Maryland Democratic Party, Voter Protection and Engagement Committee
  • Pa’Arriba Foundation, Treasurer

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