Kahn, David Barry

Todd Steggerda is a partner in both the Litigation/Controversy and Regulatory and Government Affairs Departments at WilmerHale. Leading a broad range of government contract-related investigations, litigation, bid protests, government contract claims disputes, and regulatory enforcement matters, Mr. Steggerda serves as a core member of the Defense, National Security and Government Contracts Practice Group. Mr. Steggerda also serves as a member of WilmerHale's Business Trial Group, reflecting more than a dozen years of experience handling federal and state court litigation involving government contracts and other regulatory issues.

Practice

Mr. Steggerda commenced his career more than twenty years ago with an Aerospace Engineering degree from the United States Naval Academy and served in subsequent years as a US Navy Flight Instructor and F-18 Pilot. Building on these experiences as he transitioned to the legal field in the mid-1990’s, Mr. Steggerda brings a unique blend of defense industry knowledge and technical capacity to WilmerHale's government contracts litigation practice.

Following his return to the firm in February 2009 after a two-year absence that involved service as Chief Counsel to the John McCain 2008 Presidential Campaign, Mr. Steggerda has assumed a leading role in a host of government contract-related commercial and regulatory litigation and investigations engagements, with a principal focus on government contract litigation and investigations involving leading defense contractors and other firms providing advanced technologies to the defense and intelligence agencies.

Recent Highlights

The following engagements highlight the breadth of Mr. Steggerda's experience handling government contract-related litigation and claims disputes, internal investigations, government enforcement matters, and other forms of controversies across a vast array of government contracting and other regulatory settings:

• Lead counsel in Defense Criminal Investigative Service (DCIS) inquiry regarding alleged non-conformance with technical specifications in the aerospace metal supply chain to DoD primes. 
• Lead counsel in GAO pre-award bid protest of solicitation by the Joint Contracting Command/Multi-National Forces/Iraq and Afghanistan pertaining to a procurement of complex weapons scanning systems.
• Lead counsel in government contract claim dispute (and corollary enforcement matters before the Department of Justice and the underlying agency's suspension and debarment official) involving US host country-contracting program for international construction services.  
• Lead counsel for leading federally-funded research and development center (FFRDC) in GAO bid protest proceeding involving allegations of OCI and other FAR violations on multi-billion dollar government contract.
• Core team member of multi-year internal investigation (and related enforcement matters before DoD IG and DOJ) on behalf of top-tier defense contractor concerning the United States Air Force’s Tanker Program, including conflict-of-interest issues associated with the hiring of a senior Air Force Official and allegations of impropriety on several billion-dollar defense procurements.
• Lead counsel on internal investigation (and collateral enforcement matters) for top defense contractor involving United States Air Force contract pertaining to construction services in Afghanistan.
• Conducted an internal investigation for top-tier defense contractor relating to compliance of its testing protocols for advanced fighter weapons system.
• Prevailed on summary judgment on the eve of trial in state court litigation involving the defense of a $100 million damages claim alleging the improper allocation of fueling rights within the DOT/FAA regulatory regime.
• Lead counsel in Department of Justice and Department of Defense Inspector General investigation of an Army contract pertaining to an complex telecommunications system in Iraq.
• Obtained a settlement in federal court litigation involving a major defense contractor's fraud and government contract accounting-related claims arising from a $200 million acquisition of a satellite communications government contracting business.
• Lead counsel in GAO bid protest of an award by the Department of the Army's Property and Fiscal Office involving medical and dental services for deploying members of the National Guard.
• Represented a top telecommunications company in a False Claims Act inquiry by a United States Attorney's Office involving products supplied on a GSA schedule.
• Lead counsel in a size determination proceeding before the Small Business Administration involving an IT services provider doing business with DoD and its component agencies.
• Lead counsel in termination dispute with the United States Navy before the US Court of Federal Claims on behalf of a leading technology company.
• Represented DHL Express in regulatory and associated federal court litigation arising from challenges by Federal Express and UPS to its right under federal law to do business in the United States.
• Lead counsel on insurance dispute resulting in favorable settlement of substantial claims arising from the disruption of business in the aftermath of 9/11.
• Core team member in widely-publicized independent investigation (and parallel federal enforcement inquiries by DOJ and SEC) on behalf of the Special Committee of the UnitedHealth Group board of directors regarding stock options dating issues.
• Lead counsel in dispute involving government contract cost issues relating to the allowability of consulting fees for sales agent services in obtaining government contract awards. 

As the Chief Counsel to the McCain Presidential Campaign, Mr. Steggerda managed the day-to-day operations and multi-million dollar budget of a Legal Department comprising more than twenty lawyers handling a full range of complex legal matters, including all litigation and disputes, government investigations and enforcement proceedings, intellectual property licensing and disputes, the development and implementation of regulatory compliance materials and training programs, and Federal Election Commission disputes and proceedings. Among other highlights from his service to the campaign from January 2007 to December 2008, Mr. Steggerda led the campaign’s nationwide litigation efforts, which involved the retention, supervision and budget management of more than a dozen state-based litigation teams comprising nearly one hundred attorneys prevailing in significant litigation matters in federal and state courts and in other contested proceedings across the country. Mr. Steggerda also led the team that prevailed (by a 6-0 FEC vote) on a complaint before the FEC challenging the multi-million dollar loan in late 2007 that financed the campaign's successful New Hampshire primary advertising buy.  

Professional Activities

Mr. Steggerda is a member of the National Board of Governors of the Republican National Lawyers’ Association, and also serves as Board Chair of the DC Metro Chapter of Operation Homefront, a nationally-recognized charitable organization serving wounded warriors and the military families of deployed service members. Mr. Steggerda is also a member of the American Bar Association Section of Public Contract Law.