Paul R. Hurst

Partner

Email
vcard

Areas of Work

Government Contracts, Commercial Litigation, Fraud & False Claims Act, Independent & Internal Investigations

Overview

Paul Hurst serves as the chair of Steptoe's Government Contracts Group. He's ranked in Chambers USA, and their recent client feedback said he "is extremely knowledgeable about all of the complex government regulations that deal with contracting and matters related to small business association contracts." Legal 500 US noted Paul attracts praise for his 'deep knowledge' and 'keen analysis of the issues.'

He has significant experience in complex civil litigation and regularly represents government contractors in the defense, construction, and healthcare industry. He litigates bid protests at the General Accountability Office, the Court of Federal Claims, the Small Business Administration, and state and local forums, as well as disputes involving contracts, fraud, construction-related claims, RICO, and intellectual property pending in federal courts and state courts across the nation.

Paul also has substantial experience with other government contracts-related litigation, ADR, and proceedings, including claims, internal investigations, government audits and investigations, reverse FOIA matters, and civil False Claims Act and qui tam actions. He also counsels clients on matters relating to federal procurement statutes and regulations, including compliance, contract changes, the False Claims Act, the Anti-Assignment Act, Small Business contracting, federal procurement, procurement integrity, and corporate counseling for mergers and acquisitions involving government contractors.

Paul previously participated in the firm's Legal Aid Loaned Associate Program. As a loaned associate, he gained a tremendous amount of trial experience representing indigent clients in matters pending before the Superior Court for the District of Columbia.

District of Columbia
New York
Supreme Court of the United States
US Court of Federal Claims
US District Court, District of Columbia
US Court of Appeals, Fourth Circuit
US Court of Appeals, District of Columbia
US Court of Appeals, Federal Circuit

J.D., University of Pennsylvania Law School, 1995
B.A., University of Delaware, 1992, Economics

Representative Matters

Government Contracts Experience

Represented large and small clients in bid protests either challenging or defending (as intervenor) agency procurement decisions involving a wide spectrum of evaluation and award issues, including sole source contracting, technical, cost, and past performance evaluations, small business size status, responsiveness, and unfair competitive advantage/procurement integrity.
Represented clients in internal investigation and defense of False Claims Act violations alleged by the US Attorneys' Office.
Assisted clients in preparing multimillion-dollar claims for differing site conditions, contract changes, variations in estimated quantities (VEQ), and other requests for equitable adjustments under Federal contracts.
Assisted clients in responding to Inspector General audits of costs charged to Federal grants for performance of work in Iraq and Afghanistan, including challenges to costs charged for private security contractors.
Represented client in claim filed with the Armed Services Board of Contract Appeals to recover additional costs under the Differing Site Conditions clause. After the Court denied the government's motion to dismiss for lack of jurisdiction, the matter was settled. Great Lakes Dredge & Dock Co., LLC, ASBCA Nos. 53929, 54266 (2004).
Represented client in responding to Government audit of the compliance with the contract's terms for pricing items purchased under a prime vendor contract awarded by the Defense Logistics Agency. This matter was resolved in mediation with the agency.
Represented clients in administrative appeals of disallowed costs under Federal grants.
Represented technology company in contract dispute with California's Metropolitan Transportation Commission in federal district court and before the US Court of Appeals for the Ninth Circuit. Metropolitan Transportation Commission v. Motorola, Inc., No. C 06-2302 (N.D. Cal.), on appeal, No. 07-15576 (9th Cir.)
Represented individual employees of drug manufacturer in connection with allegations of off-label marketing and submission of false claims under Medicare, including preparation for interviews by the US Attorneys' Office and testimony before the grand jury.

Litigation Experience

Successfully defended two defendants in criminal jury trial prosecuted by the US Attorneys' Office for allegedly disrupting Congress. United States v. Szulgit et al., Nos. M 08680-00, M 08684-00 (DC Super. Ct).
Successfully represented civil rights organization in obtaining preliminary injunction in federal district court of South Carolina against city officials of major tourist destination.
Represented utility company in defense of complex civil RICO and fraud claims seeking over $1 billion in connection with negotiation of coal supply contracts, including preparation of amicus brief to the United States Supreme Court in related case. Navajo Nation v. Peabody Holding Co., et al., Civil Action No. CA-99-0469-EGS-AK (D.D.C).
Represented insurance company in connection with construction defect and fraud claims asserted in arbitration filed with the International Chamber of Commerce.
Represented technology company in defense of breach of warranty and breach of contract claims arising under asset purchase agreement. Hilbrich et al. v. Motorola, Inc., et al., C.A. No. 2845-VCL (Del. Ch.).

Speaking Engagements

"Government Contracting: Claims Under the Contract Disputes Act,” National Association of Local Tenens Organizations (NALTO) Webinar, April 30, 2024
"Buy America: Domestic Preferences for Exoskeleton Procurements," ASTM International, March 15, 2023
False Claims Act Webinar, Coalition for Government Procurement, January 22, 2020
"Accounting (Fraud) 101: False Claims Act Risks based on Accounting," GWSCPA's 11th Annual Government Contracting Conference, June 11, 2015