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Andrew E. Shipley

Andrew Shipley is an esteemed litigator with more than 30 years of experience practicing law. He has built an exceptional government contracts litigation and counseling practice over the years, and has established himself as a leader in the space. Mr. Shipley supports diverse clients in government contract disputes and litigation, including government enforcement actions, investigations, federal court litigation, board of contract appeals litigation, bid protests and other contested proceedings. He advises on issues arising in the pursuit or performance of government contracts, and has handled an extensive assortment of significant matters for a wide array of companies doing business with the government, ranging from multinational aerospace and defense companies to large and small commercial software businesses, automotive manufacturers, professional sports organizations, veteran-owned businesses, and financial and health services providers.

Before joining WilmerHale, Mr. Shipley chaired the government contracts practice at another international law firm where he advised clients on claims, contracts, regulatory and data rights matters. He also litigated in state and federal courts across the country, as well as before various government Boards of Appeal and administrative agencies, including GAO and ODRA.

Prior to his return to private practice, Mr. Shipley managed an in-house litigation/bid protest group for a FORTUNE 100, multinational government contractor. He began his legal career as an associate at a law firm in Baltimore, Maryland, and then transitioned to another firm in Boston, Massachusetts, where he became partner. 

Mr. Shipley is the co-founder and former co-chair of American Corporate Counsel Association National Capital Region's Litigation Forum, and served on the National Capital Region's Board of Directors for four years. He previously served on the Federal Circuit Bar Association Subcommittee on Government Contracts and the American Bar Association's Federal Practice Task Force focused on improving the practice of law in federal courts throughout the country.

Publications

  • Co-Author, "Not at Home: Reining in General Personal Jurisdiction AfterBNSF Railway Co. v. Tyrrell," Bloomberg Law Insights, US Law Week, March 22, 2018
  • Co-Author, “ASBCA Ruling Questions Consideration of Materiality,” Law360, September 30, 2016
  • Co-Author, “Building Batteries: Keys to a Strong Relationship Between In-House and Outside Counsel,” Corporate Counsel Magazine, April 26, 2016
  • Co-Author, “Do Words Matter? GAO Says Yes in Bid Protest Decision,” Law360, November 19, 2015
  • Co-Author, “Protecting Your IP Rights in Government Contracts,” Practising Law Institutes's Intellectual Property Course Handbook, 2015

Experience

  • Bid Protests

    • Led the successful protest against the award of $450 million contract to provide comprehensive satellite services contract to the United States Navy.
    • Led the successful protest and developed a precedent-setting argument challenging a $335 million IDIQ contract award from the FBI for Land Mobile Radio System equipment.
    • Led the successful defense of an award from the United States Air Force to The Boeing Company to maintain specialized, nuclear-hardened aircraft used to protect and convey the nation's senior leadership in the event of nuclear war.
    • Overturned CMS's decision to exclude First Coast from the competitive range.
    • Led the successful defense of $330 Million contract award to Harris Corporation to upgrade FAA's air traffic control communications system.
  • Other Government Contracts

    • Obtained dismissal of Northrop Grumman Corporation as defendant in 1498 patent infringement suit through assertion of defenses unique to Court of Federal Claims matters.
    • Successfully removed complaint that pled only state law claims through novel use of Federal Officer Removal statute. Case was later featured in the American Bar Association's Section of Litigation's flagship journal, Litigation.
    • Obtained dismissal for a multinational contractor for lack of personal jurisdiction in a state where the company employed thousands of workers and headquartered one of its three primary business units.  The decision was one of the first to apply the personal jurisdiction test set forth by the Supreme Court in the Daimler and BNSF Railway cases.
    • Represent contractors on appeals before the ASBCA arising from Contracting Officer Final Decisions on cost allowability treatment.
    • Represented contractor against the US Navy before the ASBCA (eventually appealed to the Federal Circuit) arising from alleged design and manufacturing defects. Issues involved determining whether contract was build-to-print or performance based; adequacy of government furnished design drawings and specifications; adequacy of materials testing; adequacy of contractor's manufacturing processes and procedures; responsibility of government for delay and disruption.
    • Claim against the US Army before the ASBCA arising from excess costs related to wage and labor classifications.
    • Claim against NASA in the Court of Federal Claims for breach of contract arising out of the International Space Station program.
    • Qui tam case in the US District Court for the Northern District of Texas involving alleged design and production defects in boats built for the US Coast Guard.
    • Qui tam case in US District Court for the Middle District of Florida involving alleged labor mischarging.
    • Internal investigations arising from alleged mischarging of labor and expenses.
    • Arbitration with Sweden's MOD on a contract dispute over performance specifications.
    • Negotiations with Australia's MOD on a contract dispute over progress payments and milestones.
  • GOCO/Environmental Litigation

    • GOCO CERCLA case by private party alleging owner, operator and arranger liability for waste disposal activities undertaken during wartime.
    • CERCLA case brought by DOJ alleging owner, operator and arranger liability for waste disposal activities undertaken by the client's subcontractor.
    • Claim brought by landowner for alleged diminution in value attributable to alleged environmental contamination arising from operations on adjacent property.
  • Commercial Contract/IP Litigation

    • Represented US company in breach of contract claim filed in Japan.
    • Represented US company in patent infringement claim filed in Rome relating to safety device recorder.
    • Represented US company in patent infringement claims filed in Munich and Paris related to fiber-optic gyroscope technology.
    • Defended TRO brought by subcontractor to enjoin Foreign Military Sales involving IP in which subcontractor asserted exclusive license rights.
    • Defended claim brought by third party software developer alleging unauthorized use of copyrighted software development toolkit.
    •  Represented middleweight boxing champion in dispute over enforceability of management contract.

Recognition

  • Listed in the 2017 edition of Chambers USA as a noted practitioner
  • Recipient of the 2016 Law360 MVP Award for government contracts
  • Listed in the 2014–present editions of Washington DC Super Lawyers for his government contracts practice
  • Recipient of the 2014 Burton Award for Distinguished Legal Writing
  • Named the 2007 Outstanding In-House Counsel of the Year for the National Capital Region of the American Corporate Counsel Association
  • Profiled in 2006 for Legal Times, On the Record

Insights & News

Credentials