Michael J. Schrier

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Michael J. Schrier practices in the areas of government contracts, construction, commercial litigation, labor and employment, and intellectual property. 

Mr. Schrier has experience representing government contractors in Contract Disputes Act, Miller Act and breach of contract claims in federal and state trial and appellate courts and in bid protests before the U.S. Court of Federal Claims. In addition, he has advised government contractors and federal grant recipients on Federal Acquisition Regulations, facilities and security clearances, False Claims Act, Buy American Act, Davis-Bacon Act, Service Contract Act, Non-Displacement of Qualified Workers regulations, Fair Pay and Safe Workplace regulations, OFCCP, debarment/suspension and export control matters.

As a commercial litigator, Mr. Schrier has appeared in more than a dozen different federal district courts around the country representing clients in a variety of construction, trade secret misappropriation, securities fraud and toxic tort cases, as well as more traditional business tort and commercial litigation matters. He has also represented clients in uniquely federal contexts in Administrative Procedure Act and Hatch Act matters, as well as representing clients before a variety of federal and state administrative agencies.

Mr. Schrier also has significant experience defending employers against trade secret misappropriation, employment discrimination, retaliation, wrongful termination, Fair Labor Standards Act, ERISA, and unfair labor practice claims in federal and state trial and appellate courts and administrative hearings.

Mr. Schrier also has experience litigating trademark infringement, unfair trade and cybersquatting claims on behalf of educational institutions and corporate clients.

Mr. Schrier is a 1993 graduate of George Washington University School of Law and a graduate of Cornell University.

Areas of Practice

  • Construction Law
  • Government Contract Law
  • Commercial Litigation
  • Labor and Employment Law
  • Intellectual Property Law
  • Appellate Law

Admissions

  • District of Columbia
  • Maryland
  • Virginia
  • Pennsylvania
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the District of Maryland
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
  • U.S. District Court for the Western District of New York
  • U.S. District Court for the Central District of Illinois
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Federal Claims

Education

  • The George Washington University Law School, J.D., 1993
  • Cornell University, B.A., 1990
ABA Fellow

Experience

  • Duane Morris LLP
    - Special Counsel, 2014-present
  • Jackson Kelly PLLC
    - Counsel, 2010-2014
  • K&L Gates LLP
    - Partner, 2004-2010
    - Associate, 2000-2004
  • United States Office of Special Counsel, Prosecution Division
    - Attorney, 1998-2000
  • American Federation of Government Employees, AFL-CIO
    - Staff Counsel, 1994-1998

Professional Activities

  • American Bar Association
    - Public Contracts Law Section
    -- Employment Safety and Labor Committee, Co-Chair
  • Professional Services Council
    - Member
  • American Bar Foundation
    - Fellow
  • American Arbitration Association
    - Arbitrator
  • Maryland State Bar Association

Selected Publications

Selected Speaking Engagements

  • Speaker, "Debunking Myths of the SCA and DBA," 24th Annual ABA Federal Procurement Institute, Annapolis, Maryland, March 14-17, 2018

  • Speaker, Duane Morris' Developments in Workplace Law and Practice, Washington DC, May 18, 2017
  • Speaker, "2016 Year In Review For Labor Related Compliance Regulations," Federal Publications Seminars, Webinar, December 15, 2016
  • Panelist, "No Escape: How to Comply with Fair Pay and Safe Workplaces," ABA Public Contract Law Section Webinar, October 27, 2016
  • Presenter, "Prevailing Wage Requirements in Government Construction Contracts," ABA Section of Public Contract Law Annual Meeting, San Francisco, August 5, 2016
  • Moderator, "Full Fathom Five: The Five (Or So) Most Significant Recent Changes In Employment Law Affecting Government Contractors," ABA Federal Procurement Institute, Annapolis, Maryland, March 9-12, 2016
  • "'Fair Pay and Safe Workplaces' Rule," Roundtable Colloquium, George Washington University Law School and ABA Public Contract Law Section and PubKLaw, Washington, D.C., October 8, 2015
  • "Labor and Employment Law Compliance for Contractors," GovConNet Institute, Montgomery County Chamber of Commerce, Rockville, Maryland, 2012 and 2013
  • "Employee or Independent Contractor? Getting Worker Classification Right," ASA Business Forum and Convention 2012 in San Antonio, Texas, March 2012

Representative Matters

    Government Contracts

  • Represented e-discovery provider in a "reverse Freedom of Information Act" case to protect the provider’s confidential pricing and other information contained in its proposal and resulting government contract.
  • Won on behalf of a military defense contractor a U.S. Government Accountability Office (GAO) pre-award bid protest, which was filed against the Defense Logistics Agency (contracting on behalf of the Army, Navy, and Air Force) and concerned the lease of multi-function copiers throughout the Republic of Korea.
  • Lead counsel for two national construction companies and a regional subcontractor in Fourth Circuit and Maryland federal court obtaining dismissal of Davis Bacon Act and other federal contracting claims on the grounds that such statutes do not create a private cause of action for employees.
  • Lead counsel for military contractor in bid protest and related requests for debarment of competitor.
  • Represent supplier of photocopying machines in pre-award GAO bid protests and obtain corrective action.
  • Lead counsel for regional construction subcontractor in defending U.S. Department of Labor Davis Bacon Act investigations.
  • Lead counsel for federal IT services contractor in defending U.S. Department of Labor Service Contract Act investigations.
  • Represent Job Corps Center operators in pre-award bid protests in Federal Circuit and Court of Federal Claims challenging U.S. Department of Labor's decision to preclude large businesses from solicitations for operator contracts.
  • Represent national general contractor in state and federal government contracts compliance matters related to a West Virginia National Guard construction project.
  • Represent trucking companies in Court of Federal Claims bid protests and obtain voluntary injunctive relief and corrective action.
  • Represent national waste disposal company in post-award agency level protest.
  • Lead counsel for union in Seventh Circuit and Central District of Illinois federal court challenging A-76 decision to outsource and privatize production of tank gun mounts formerly produced at Rock Island Arsenal.
  • Employment

  • Lead counsel for federal contractor in dismissing EEOC and related state charges of employment discrimination brought by terminated employees.
  • Lead counsel for federal contractor in dismissing NLRB unfair labor practice charges brought by service center employees' union.
  • Lead counsel for nursing home company in delinquent contribution claims arising under ERISA.
  • Lead counsel for construction company defending FLSA claims for allegedly unpaid overtime.
  • Lead counsel for national construction company in Eastern District of Virginia federal court in trade secret misappropriation, computer fraud, duty of loyalty, and related federal and state employment claims against former employees who started a rival business.
  • Lead counsel for federal contractor in favorably resolving OSHA citations related to alleged office safety violations.
  • Second chair in three week UTSA trade secret misappropriation trial in Western District of Texas federal court involving former executives of a medical management company setting up a rival company.
  • Represent national electrical subcontractor in defending trade secret misappropriation, breach of non-competition agreement, and related employment tort claims brought by employee's former employer in Fourth Circuit and Eastern District of Virginia federal court.
  • Represent federal agency in defending administrative level employment discrimination claims brought by agency's employees.
  • Represent FBI employee in employment discrimination claims against federal agency.
  • Represent coal mining companies and their insurance carriers in defense of Black Lung Act administrative claims.
  • Prosecute federal government employees for Hatch Act violations before the Merit Systems Protection Board.
  • Lead counsel defending national labor union from LMRDA and duty of fair representation claims in federal courts.
  • Commercial Litigation

  • Lead counsel for professional investors in Fourth Circuit and Maryland federal court obtaining dismissal of federal and state securities fraud claims filed by former CEO of company.
  • Lead counsel for regional natural resources association as amicus curiae in APA litigation in DC Circuit and DC federal court in support of Department of Interior's decision not to list certain lands on the National Register of Historic Places
  • Lead counsel for West Virginia University in North District of West Virginia federal court trademark infringement and tarnishment case against a local t-shirt shop making products using university's registered marks and vulgarities.
  • Lead counsel for general contractor in Fourth Circuit and Eastern District of Virginia federal court in trademark infringement and related employment and business torts claims against contractor's former top employee.
  • Lead counsel for dry cleaning company owners in business torts cases against purchaser of one of their businesses in Maryland state court and Eastern District of Virginia federal court.
  • Represent national association in APA challenge to EEOC exemption regulations in Eastern District of Pennsylvania federal court.
  • Construction

  • Lead counsel in mold related toxic tort claims brought against a mechanical subcontractor in Virginia state court arising from renovation of a public school building.
  • Lead counsel representing surety in fraud, mechanics lien, and False Claims Act claims against general contractors related to a default termination on a HUD financed project.
  • Lead counsel representing first tier subcontractors in Miller Act claims.
  • Represent general contractor to obtain judgment in breach of contract claims against first tier subcontractor in Eastern District of Virginia federal court.
  • Represent subcontractor in breach of contract claims against supplier in DC Court of Appeals.