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Herbert Fenster focuses his practice on litigation, particularly, against the United States and on the subjects of procurement, environmental, administrative and tort law. He has extensive experience in the negotiation, interpretation, and litigation of contracts for major weapons systems, as well as the procurement of research and development.

Mr. Fenster has had key involvement in critical legal and regulatory issues arising in the award and termination of major weapons programs. He has lectured and testified multiple times on the subject of government finance and accounting from both industry and government perspectives and has also had major involvement in contracting for “Stability Operations and Expeditionary Support” starting in the early years of the Vietnam War.

  • Represented the Secretary of the Interior in Indian Trust Litigation before the federal courts.
  • Obtained a judgment against the United States in the amount of $3.877 billion, the largest judgment ever entered against the government.
  • Represented Major Defense Contractors in restructuring major weapons systems programs.

Memberships and Affiliations

  • Mr. Fenster chaired the Student Affairs Advisory Board at the University of Colorado and is the co-chair of the Board of Directors of the University’s Alliance for Technology Learning and Society Institute (“ATLAS”) and the Center of the American West.  He advises the University on a wide range of privatization projects.
  • U.S. Chamber of Commerce National Chamber Litigation Center, Director, Corporate and Foundation Director and Trustee 
  • American Law Institute
  • American Bar Association
  • National Defense University
  • National Chamber Litigation Center

Previous Experience

  • Litigation Counsel for the Reagan-Bush Campaign Committee and for the Grace Commission.
  • Law and Politics, “Colorado Super Lawyer”