
Eric S. Crusius
Overview
A regulatory attorney who focuses his practice on a wide range of government contract matters, including bid protests, claims and disputes, and compliance and sub-prime issues, Eric has extensive experience in government contract litigation. He has successfully prosecuted and intervened in numerous bid protests before the US Court of Federal Claims (USCFC), US Government Accountability Office (GAO), boards of contract appeals, and other federal agencies. He counsels clients regarding the Service Contract Act (SCA), Davis-Bacon Act and other labor issues, domestic preferences, export controls, cybersecurity, subcontracting and teaming agreements, and compliance with the Federal Acquisition Regulation (FAR) and other agency regulatory requirements, such as the Defense Federal Acquisition Supplement (DFARS). Eric also represents contractors in investigations and suspension and debarment proceedings, as well as in federal and state courts.
Besides helping government contractors through contracting compliance and litigation issues, Eric provides strategic and practical advice with matters connected to cybersecurity and privacy in the government contracting space. Among other things, Eric counsels clients on obligations in the FAR (such as FAR 52.204-21) and on agency-specific requirements from the Department of Defense (DOD), Department of Homeland Security (DHS), Department of Veterans Affairs (VA), and others, including the Cybersecurity Maturity Model Certification (CMMC) program and Federal Risk and Authorization Management Program (FedRAMP). Eric also guides companies through cybersecurity incident responses and litigation, including potential ramifications under the False Claims Act (FCA).
Eric is a government contracting thought leader, having appeared on Government Matters and Federal News Network, and has featured at conferences to provide his insight with respect to emerging issues.
Experience
- Represented a multinational Fortune 100 manufacturer with respect to issues connected with the Defense Production Act (DPA) compliance under Titles I and III.
- Guided breach response plans for defense contractors following cybersecurity attacks and obtained favorable investigative outcomes following breach disclosures to the DOD.
- After trial, obtained a successful verdict that challenged a finding by the US Department of Labor (DOL) that a security contractor violated the SCA avoiding substantial fines and a potential debarment.
- Successfully removed a company from the suspension and debarment list following a criminal conviction of the company and its founder after guiding the company through a significant compliance plan.
- Guided mandatory disclosures for clients resulting in no further inquiries or actions by the federal government.
- Counseled contractors with unique and emerging compliance issues connected with the American Rescue Plan Act, the Chinese technology ban and supply chain compliance, autonomous transportation, offensive and defensive cybersecurity weapons, helium shortages, and others.
- Obtained a $3.3 million verdict in a complex government contracts trial against a large prime contractor.
- Won jury trial, including punitive damages, on behalf of a government contractor in the US District Court for the Eastern District of Virginia in a case involving the Computer Fraud and Abuse Act.
- Won an appeal in Ohio's Ninth District Court of Appeals overturning a summary judgment decision by the trial court.
- Successfully prosecuted numerous bid protests at the GAO and the USCFC, including a successful challenge of an approximately $190 million award on two separate protest grounds and a successful challenge of corrective action taken by the agency and prior adverse GAO decision.
- In a protest decision at the USCFC, obtained a finding that the VA acted unlawfully when structuring a $4 billion program for the sourcing and distribution of medical supplies for VA medical facilities.
- Obtained a significant settlement for a government contractor against the client's former heads of business development and operation who started a competing business.
- In a matter alleging numerous business torts connected with false allegations that the client was selling counterfeit goods, obtained a substantial settlement during jury selection.
Accolades
Honors & Recognitions
- Who's Who Legal: Government Contracts, 2024
- Top Author, Government Contracts Industry, JD Supra Reader's Choice Awards, 2018, 2020, 2024
- Rising Star, Virginia Super Lawyers magazine, 2012-2015
- Rising Star, Government Contracts, Washington, DC Super Lawyers magazine, 2013-2015
Affiliations
Professional
- American Bar Association, including: Section of Public Contract Law, Conference Director, Virtual Speaker Series; Employment Safety & Labor Committee, Co-Chair; Legislative and Regulatory Coordinating Committee, Co-Chair
- Law360, Government Contracts Editorial Advisory Board, 2018-2019
- National Contract Management Association, NOVA Chapter, President, 2017-2018
- Professional Services Council
- Small and Emerging Contractor Advisory Forum Programs Committee
Insights
Events & Speaking Engagements
Publications
News
Work supervised by Valarie Ney, a member of the District of Columbia Bar.
Education
JD, Hofstra University School of Law
BA, Social Science, Hofstra University, with honors
Admissions
New York
Virginia
Courts
US Supreme Court
US Court of Federal Claims
US Court of Appeals, Fourth Circuit
US District Court, Eastern District of Virginia
US District Court, Eastern District of New York