Michael J. Schrier primarily represents federal contractors and other businesses and organizations regulated by or doing business with or related to the United States Government in a diverse array of matters including government contracts, labor and employment, commercial litigation, construction, and intellectual property.
Mr. Schrier represents government contractors in the construction, services, information technology, and defense sectors. He has extensive experience advising and litigating employment related matters for federal contractors including Davis-Bacon Act, Service Contract Act, federal contractor Paid Sick Leave, federal contractor minimum wage, and OFCCP matters. Mr. Schrier represents clients 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 advises government contractors, federal grant recipients, educational institutions, and foreign governments on Federal Acquisition Regulation compliance, facilities and security clearances, False Claims Act, Buy American Act, debarment/suspension, and export control matters.
Over more than twenty-five years of practice, Mr. Schrier has significant experience defending employers against trade secret misappropriation, breach of non-competition and non-disclosure agreements, employment discrimination and retaliation (under a variety of federal and state statutes including Title VII, the Americans with Disabilities Act, Age Discrimination in Employment Act, and False Claims Act), wrongful termination, Fair Labor Standards Act, ERISA, OSHA, and unfair labor practice claims in federal and state trial and appellate courts and administrative hearings.
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, intellectual property, securities fraud, and toxic tort cases, as well as in more traditional business tort and commercial litigation matters.
Mr. Schrier also has extensive experience challenging federal agency rulemaking and adjudications under the Administrative Procedure Act in federal appellate and trial courts across the country.
Mr. Schrier also has experience litigating trademark infringement, unfair trade and cybersquatting claims on behalf of educational institutions and corporate clients, and advising federal contractors on data rights and intellectual property rights related to FAR and DFARS clauses.
Mr. Schrier is a 1993 graduate of George Washington University School of Law and a 1990 graduate of Cornell University.
Areas of Practice
- Government Contract Law
- Labor and Employment Law
- Commercial Litigation
- Intellectual Property Law
- Construction Law
- Appellate Law
- Defended a Third Party Administrator from a U.S. Department of Labor ERISA civil action in federal court concerning alleged fiduciary breaches and prohibited transactions involving a Service Contract Act compliant health and welfare fund for an AbilityOne Program federal contractor.
- 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.
- Won dismissal of Davis Bacon Act and other related federal contracting and employment claims on behalf of two national construction companies and a regional subcontractor in Fourth Circuit and Maryland federal court on the grounds that such statutes do not create a private cause of action for employees.
- Represented military contractor in bid protest and related requests for debarment of competitor.
- Defended regional construction subcontractor in Davis Bacon Act administrative litigation initiated by U.S. Department of Labor.
- Defended federal IT services contractor in U.S. Department of Labor Service Contract Act investigations.
- Advised foreign transportation company on federal and state government contracts compliance issues related to proposals for Maryland Purple Line procurement.
- Initiated state investigations with various Maryland agencies against a competitor highway construction company for alleged federal and state contracting compliance issues.
- Advised manufacturer of state of the art military communications equipment on data and patent rights arising under FAR and DFARS clauses.
- Drafted and implemented an export control policy for a research university.
- Advised U.S. subsidiary of a foreign electronics and software company on Buy American Act and Trade Agreements Act compliance related to government contracting for transportation rolling stock and equipment.
- Advised foreign space agency regarding acceptance of and compliance with terms and conditions related to U.S. military basic research grants.
- Represented 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.
- Represented national general contractor in state and federal government contracts compliance matters related to a large National Guard construction project.
- Represented trucking companies in Court of Federal Claims bid protests and obtain voluntary injunctive relief and corrective action.
- Represented national waste disposal company in post-award agency level protest.
- Obtained summary judgment and dismissal for national cemetery company in federal race and gender discrimination and retaliation case.
- Obtained dismissal of EEOC and related state charges of employment discrimination brought by terminated employees against a federal services contractor.
- Obtained dismissal of NLRB unfair labor practice charges for a federal contractor brought by service center employees' union.
- Defended nursing home company in delinquent contribution claims arising under ERISA.
- Defended federal construction company from FLSA/wage & hour claims for allegedly unpaid overtime.
- Successfully resolved trade secret misappropriation, computer fraud, duty of loyalty, and related federal and state employment claims in federal court for a national construction company against former employees who started a rival business.
- Favorably resolved OSHA citations related to alleged office safety violations by a federal contractor IT/services company.
- Litigated 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 to obtain large government contracts.
- Defended national electrical subcontractor in 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.
- Represented coal mining companies and their insurance carriers in defense of Black Lung Act administrative claims.
- Prosecuted federal government employees for Hatch Act violations before the Merit Systems Protection Board.
- Won en banc appeal to the U.S. Court of Appeals for the Federal Circuit establishing that in-house counsel for a prevailing party against the federal government in employment cases may obtain market rate fees under the Back Pay Act.
- Represented professional investors in Fourth Circuit and Maryland federal court and obtained dismissal of federal and state securities fraud claims filed by former CEO of company.
- Obtained offer of judgment from federal contractor with a listing on the GSA Schedule in breach of contract matter on behalf of supplier software company.
- Defended security company in state court from subrogation related contract and tort claims related to a fire at an apartment complex under construction.
- Represented 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.
- Represented 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.
- Represented a global analytics provider and its employee in a Federal Court Administrative Procedure Act challenge to U.S. Citizenship and Immigration Services’ (USCIS) denial of an H-1B visa for the employee to work as a data analyst, on the grounds that this is not a “specialty occupation” under applicable law. Established that USCIS's decision was “arbitrary and capricious”, court’s jurisdiction was not divested by government’s attempt to reopen, and won injunctive relief requiring USCIS to grant the visa.
- Obtained injunction for a national association in the Eastern District of Pennsylvania federal court against the EEOC preventing it from implementing and enforcing new exemption regulations.
- Obtained federal appellate court ruling finding federal arsenal employees had legal standing to challenge A-76 decision to outsource and privatize production of tank gun mounts.
- Represented 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.
- Obtained dismissal of mold related toxic tort claims brought against a mechanical subcontractor in Virginia state court arising from renovation of a public school building.
- Represented surety in fraud, mechanics lien, and False Claims Act claims against general contractors related to a default termination on a HUD financed project.
- Represented first tier subcontractors in Miller Act claims against general contractors.
- Represented general contractor to obtain judgment in breach of contract claims against first tier subcontractor in Eastern District of Virginia federal court.
Administrative Procedure Act
- District of Columbia
- 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
- U.S. Court of Appeals for Veterans Claims
- The George Washington University Law School, J.D., 1993
- Cornell University, B.A., 1990
- 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
American Bar Association
- Public Contracts Law Section
-- Section Council (2019-2022)
-- Procurement Division, Co-Chair (2018-2019)
-- Employment Safety and Labor Committee, Co-Chair
- American Bar Foundation
- American Arbitration Association
Civic and Charitable Activities
Maryland Democratic Party, Voter Protection and Engagement Committee
Treasurer, Pa’Arriba Foundation
- Editor, Duane Morris Government Contracts and Litigation Blog
- Author, "D.C. Mayor Closes All Nonessential Businesses and Prohibits Large Gatherings," Duane Morris Alert, March 25, 2020
- Co-author, "U.S. Army Corps of Engineers to Award Contracts to Convert Existing Buildings into ICU-like COVID-19 Treatment Facilities, Starting in New York," Duane Morris Alert, March 24, 2020
Quoted, "Aveda Beauty Student's Pay Lawsuit Sent to Arbitration," Bloomberg Law, April 26, 2018
- Author, "Fifty-Six Hours of Paid Sick Leave for Employees of Federal Contractors and Their Subcontractors," Duane Morris Alert, November 1, 2016
- Author, "Portions of Fair Pay and Safe Workplaces Regulations and Guidance Preliminarily Enjoined," Duane Morris Alert, October 26, 2016
- Author, "Fair Pay and Safe Workplaces Final Rules and Guidance Will Lead to Big Changes in How Federal Contractors Handle Employment and Labor Claims," Duane Morris LLP, September 1, 2016
- Co-author, "U.S. Department of Labor Adopts Pay Transparency Final Rule for Employees of Federal Contractors," Duane Morris Alert, September 16, 2015
- Author, "Issues of Concern in Proposed Gov't Contractor Labor Rules," Law360, June 2, 2015
- Author, "OFCCP Publishes New Hiring Rules for Federal Contractors," The Contractor's Compass, October 2013
- Co-author, "Attorney-Client Privilege and Former Directors and Officers," American Bar Association, August 2011
- "Employee or Independent Contractor? Tips for Getting Worker Classification Right," The Contractor's Compass, 2011
- Contributing Author, Government Contracts, Matthew Bender, 2001-2009
- Regular Contributor, D.C. Metropolitan Subcontractor Association Newsletter, 2007-present
Selected Speaking Engagements
Speaker, "JWOD & Government Procurement Law," Javits-Wagner-O'Day Legal Symposium, The George Washington University Law School, Washington, D.C., October 3, 2018
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