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Daniel L. Russell Jr.

Of Counsel

Washington +1 202 662 5420

  • About
  • Representative Matters
  • Credentials
  • About

    Dan Russell represents government contractors in complex, high-stakes litigation. Over the past two decades, Dan has served as lead counsel for some of the largest U.S. defense contractors in a broad range of contract disputes and tort claims, including cases valued well in excess of $100 million.

    Dan has experience litigating contract claims and disputes before federal judges and juries, the Boards of Contract Appeals, and the U.S. Court of Federal Claims, including matters arising out of terminations, cost-allowability disputes, defective pricing claims, prime-sub disputes, and claims under the Contract Disputes Act (CDA). Dan has also represented contractors in a myriad of tort suits arising out of work performed for the federal government. Dan has unparalleled experience defending “contractor on the battlefield” tort suits involving contracts performed during wartime or other high-risk, contingency environments. Dan has obtained complete dismissals of tort suits based on an array of federal-law-based defenses, including the government contractor defense, the political question doctrine, federal preemption, and derivative sovereign immunity.

    Dan has litigated a variety of other matters involving government contracts and uniquely-federal issues, including: cases brought under the civil False Claims Act (FCA); insurance coverage matters for federal contractors; claims against federal agencies brought under the Administrative Procedure Act and the Federal Tort Claims Act; and regulatory enforcement actions.

    At the appellate level, Dan has argued cases before the U.S. Courts of Appeals for the Fourth Circuit, the Fifth Circuit, and the Ninth Circuit. He has also represented clients in matters before numerous other appellate courts and the U.S. Supreme Court.

    In addition to his litigation practice, Dan regularly provides risk-mitigation counseling for contractors, with a particular focus on strategies to reduce potential exposure to tort claims and other liabilities in connection with the performance of high-risk government contracts.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters
    • Defended U.S. military services contractor in a series of multimillion dollar wrongful death and personal injury suits brought by dozens of plaintiffs arising out of a suicide bomber attack at Bagram Airfield, a U.S. military base in Afghanistan. In one suit, following limited discovery, the district court granted a pre-answer motion to dismiss and held that the suit was non-justiciable based on the political question doctrine. See Loquasto v. Fluor Corp., Inc., 512 F. Supp. 3d 728 (N.D. Tex. 2021). In a separate suit, following limited discovery the district court granted a summary judgment motion and held that all tort claims were preempted based on the “combatant activities” exception to the Federal Tort Claims Act. See Hencely v. Fluor Corp., Case No. 6:19-cv-0048-BHH, 2021 WL 3568397 (D.S.C. Aug. 11, 2021). The district court also held that active duty soldiers lacked standing to sue for breach of contract because they were not intended beneficiaries of the government contract at issue, and thus the court granted a motion for judgment on the pleadings. See Hencely v. Fluor Corp., No. 6:19-00489-BHH, 2021 WL 3604781 (D.S.C. Aug. 13, 2021).
    • Represented defense contractor in $50-plus million claim against the government. Member of trial team for 5-week bench trial before Armed Services Board of Contract Appeals, which resulted in complete victory for contractor.
    • Lead counsel for defense contractor in successful defense of tort suit arising out of Iranian ballistic missile attack on U.S. forces in Iraq. Following limited discovery, the district court held that all claims were preempted based on the Defense Base Act (DBA) and the “combatant activities” exception to the Federal Tort Claims Act (“FTCA”). See Cloyd v. KBR, Inc., No. CV H-20-3714, 2021 WL 5494685 (S.D. Tex. Nov. 23, 2021). On appeal, argued the case before the Fifth Circuit, which affirmed the dismissal. See Cloyd v. KBR, Inc., 2022 WL 4104029 (5th Cir. 2022).
    • Lead counsel for major defense contractor in $20-plus million CDA claim against the government. Litigated matter before Court of Federal Claims and settled the case at more than 99 percent of value after extensive negotiations with the Department of Justice.
    • Co-lead counsel in successful defense of the largest U.S. military services contractor in complex multidistrict tort litigation. After 800+ plaintiffs filed suit in 42 states alleging injuries from exposure to burn pit emissions during the wars in Iraq and Afghanistan, obtained complete dismissal of all claims, which was affirmed on appeal. See In re KBR, Inc., Burn Pit Litigation, 893 F.3d 241 (4th Cir. 2018).
    • Represented global energy contractor in $20-plus million CDA claim against the U.S. Army arising out of an Energy Saving Performance Contract. Litigated matter before the Armed Services Board of Contract Appeals and negotiated favorable settlement.
    • Represented defense contractor in tort suit alleging product liability and negligence claims related to the design and manufacture of aircraft for the U.S. Navy.
    • Counsel for major defense contractor in complex, high-stakes environmental insurance coverage litigation.
    • Successfully defended defense contractor in several design-defect tort suits arising out of alleged radiation exposure resulting from federal government’s use of gamma radiation and x-ray scanning equipment at border patrol checkpoints. See Martinez v. Science Applications International Corp., 2015 WL 11109381, Case No. B-10-207 (S.D. Tex. Apr. 1, 2015).

    • Represented Fortune 100 contractor in wrongful death suit arising out of military fighter jet crash during training operation.
    • Defended the largest U.S. military services contractor in a multimillion dollar personal injury suit arising out of the performance of maintenance services at Camp Fallujah during Operation Iraqi Freedom. Following limited discovery, the district court granted a pre-answer motion to dismiss and dismissed all claims based on both the political question doctrine and federal preemption, which was affirmed on appeal. See Taylor v. Kellogg Brown & Root Servs., Inc., 658 F.3d 402 (4th Cir. 2011).
    • Defended a medical device manufacturer in an enforcement action brought by the U.S. Food and Drug Administration under the agency’s Quality System Regulation. Following 14 months of litigation and a bench trial in federal district court, the court dismissed all claims asserted by the agency, resulting in a complete victory for the manufacturer. See United States v. Utah Medical Prods., Inc., 404 F. Supp. 2d 1315 (D. Utah 2005).
    • On behalf of a Fortune 500 company, established jurisdiction in the United States over a foreign entity in an international arbitration award enforcement action under the New York Convention. The case involved an arbitration award valued at well over $100 million. See Telcordia Tech, Inc. v. Telkom SA Ltd, 458 F.3d 172 (3d Cir. 2006), cert. denied, 549 U.S. 1206, No. 06-663, 2007 WL 506053 (U.S. Feb. 20, 2007).

    Areas of Expertise

  • Credentials
    Education
    • The George Washington University Law School, J.D., 2003
        • cum laude
        • Moot Court Board
        • Trial Court Board
        • National Trial Court
    • Princeton University, A.B., 2000
    Bar Admissions
    • District of Columbia
    • New York
    • U.S. Court of Appeals for the Federal Circuit
    • U.S. Court of Appeals for the Fourth Circuit
    • U.S. Court of Appeals for the Ninth Circuit
    • U.S. Court of Appeals for the Third Circuit
    • U.S. Court of Federal Claims
    • U.S. Court of International Trade
    • U.S. District Court, District of Columbia
    • U.S. District Court, District of Maryland
    • U.S. Supreme Court
    Pro Bono
    • Represented tenants’ association in landlord-tenant dispute involving hardship petition and negotiated favorable settlement.
    • Argued before the U.S. Court of Appeals for the Ninth Circuit in appeal of removal order in asylum matter.
    • Obtained social security income benefits for individual claimant, including a retroactive award of benefits dating back more than a decade. This action included two appeals of adverse agency decisions to federal district court, both of which successfully resulted in reversal and remand to the agency and ultimately a favorable decision.
    Accolades
    • Capital Pro Bono Honor Roll (2011, 2014)
    • Klepper Prize for Volunteer Excellence, Legal Aid Society of the District of Columbia (2015)
    Memberships and Affiliations
    • DC Bar Government Contracts Steering Committee
    • Member, Claims & Contract Disputes, ABA Public Contract Law Section

    Areas of Expertise

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