W. Brad English
Shareholder
PROFILE
EXPERIENCE
AWARDS
AFFILIATIONS

Brad’s Profile

Brad is a trial lawyer in Maynard Cooper’s Government Contracts & Bid Protest Practice Group, as well as several of the Firm’s other litigation groups.

Brad has tried multiple Contract Disputes Act claims appeals, before both the United States Court of Federal Claims and the Armed Services Board of Contract Appeals, related to issues such as breach of contract, negligent estimate, constructive change, and termination. In addition to claims litigation, Brad maintains a government contract litigation practice with a national footprint. Brad has represented contractors in litigation arising from virtually all aspects of their contracting activities in state and federal courts across the U.S. as well as in arbitration before the American Arbitration Association.

Among the matters Brad routinely handles are:

  • Defense of contractors facing claims brought (by the government and/or relators) under the False Claims Act
  • Representation of contractors challenging federal agency action under the Administrative Procedures Act
  • Representation of contractors facing suspension and/or debarment
  • Representation of contractors involved in litigation with their prime or sub-contractors
  • Representation of contractors in litigation arising from their employment activities, including (prosecuting and defending) claims involving non-competition and/or non-solicitation agreements and trade secrets, as well as defending discrimination and/or retaliation claims
  • Litigation involving disputes between the shareholders/owners of government contractors

In addition to traditional litigation, Brad actively represents contractors in bid protests and brings a seasoned litigator’s approach to proceedings before the GAO and the Court of Federal Claims.

Brad’s representation of contractors often extends beyond the trial court level. Brad has served as lead counsel to contractors appearing before multiple appellate courts, including the United States Court of Appeals for the Fourth, Eleventh, and Federal Circuits.

Although contractors often call Brad after a dispute arises, he actively provides contractors with strategic advice to address corporate, employment, and other issues stemming from ownership, governance, and/or operations.

Brad’s litigation practice is not limited to government contractors. He is also actively involved in other commercial, shareholder, and employment litigation for his non-contractor clients.

Brad is also a member of the Firm’s Fiduciary, Trust & Estate litigation group. Brad has litigated will contests, estate disputes, trust disputes, and tax controversies throughout the Southeast.

Brad’s talents have earned him recognition as a leading attorney in Government Contracts by The Best Lawyers in America©, and he is rated AV Preeminent by Martindale-Hubbell AV®.

Brad is a native of Huntsville, Alabama. He holds an LL.M in Taxation and a J.D. from the University of Alabama School of Law. Brad received his B.S. in Finance from Auburn University.

Brad lives in Huntsville with his wife, Lisa, and their girls Gabby and Bella.

Brad’s Experience

  • Lead counsel in appeal of Court of Federal Claims’ denial of contractor’s claims for recovery of costs due to negligent government estimate resulting in a precedential opinion reversing the trial court. See Agility Defense & Gov’t Svcs, Inc. v. United States, 847 F.3d 1345 (Fed. Cir. 2017).
  • Lead counsel in protest of contracting officer’s responsibility determination involving a major arms manufacturer. See Remington Arms Co., LLC v. United States, 126 Fed. Cl. 218 (2016).
  • Lead counsel for intervenor on appeal of Court of Federal Claims’ denial of protest for a major transportation contract. See American Auto Logistics, LP v. United States, 599 Fed. Appx. 958 (Fed. Cir. 2015).
  • Lead counsel on case of first impression regarding affiliate-based suspensions under the Federal Acquisition Regulations. See Agility Defense & Gov’t Svcs, Inc. v. U.S. Dept. of Defense, 739 F.3d 586 (11th Cir. 2013).
  • Lead counsel in numerous bid protests. See, e.g., System Dynamics Int’l, Inc. v. United States, 130 Fed. Cl. 449 (2017); TAT Technologies, Ltd. v. United States, 128 Fed. Cl. 109 (2016); CEdge Software Consultants, LLC v. United States, 117 Fed. Cl. 419 (2014) (representing intervenor); Great Southern Engineering, Inc. v. United States, 128 Fed. Cl. 739 (2016) (representing intervenor).
  • Lead counsel in defense of contractors alleged to have violated the False Claims Act. See, e.g., U.S. ex rel. Searle v. DRS Services, Inc., et al., 2015 WL 6691973 (E.D. Va. 2015) (entering summary judgment), affirmed 2017 WL 715815 (4th Cir. 2017).
  • Lead counsel in defense of contractor alleged to have terminated employees in violation of the anti-retaliation provisions of the False Claims Act. See Mooren, et al. v. System Studies & Simulation, Inc., et al., 2017 WL 3581727.
  • Lead counsel for contractors involved in disputes with prime/sub-contractors, teaming partners, employees (particularly non-competition and non-solicitation agreements), and other contractors or third-parties. See, e.g., Int’l Auto Logistics, LLC v. Vehicle Processing Center of Fayetteville, Inc., 2017 WL 149815 (S.D. Ga. 2017) (entering summary judgment), affirmed 2018 WL 2472829; TechJect Innovations Corp. v. Bio-Cellular Design Aeronautics, Inc., et al., 2016 WL 5885541 (N.D. Ga.); Guest Associates, Inc. v. Cyclone Aviation Products, Ltd., 30 F.Supp. 3d 1278 (N.D. Ala. 2014).
  • Lead counsel for contractors challenging agency action under the Administrative Procedures Act. See Sigmatech, Inc. v. U.S. Dept. of Defense, et al., 5:15-cv-00182 (N.D. Ala. 2015) (challenging termination of blanket purchase agreement and U.S. Army’s Aviation and Missile Command’s “re-greening” and “off-ramping” policies) Discussion: https://www.law360.com/articles/616644/sigmatech-slams-dod-for-terminating-missile-contract.

Brad’s Awards

  • The Best Lawyers in America© for Government Contracts Law (2018, 2019)
  • Martindale-Hubbell AV® Preeminent Rating

Brad’s Affiliations & Civic Invovlement

  • Trustee, Huntsville Symphony Orchestra (2016-2020)
  • Huntsville-Madison County Bar Association, Treasurer (2013-14); Chair of Finance and Charitable Contributions Committees (2014-15)
  • Federal Circuit Bar Association
  • Court of Federal Claims Bar Association
  • Alabama State Bar Association
  • Federal Bar Association
  • Auburn University Bar Association, Former Director
BAR ADMISSIONS
State Bar:Alabama
U.S. District Court:Alabama(Northern, Middle)
U.S. Court of Appeals:Fourth Circuit, Eleventh Circuit, Federal Circuit
U.S. Court of Federal Claims
U.S. Tax Court
EDUCATION
University of Alabama School of Law (2010, LL.M., Taxation; with honors)
University of Alabama School of Law (2001, J.D., Student Bar Association, Vice President; 2000-2001, Senator, 1999-2000; Bench and Bar Legal Honor Society)
Auburn University (1997, B.S., magna cum laude)
Blog
Government Solutions Webinar: Preserve Your Right to Obtain an Equitable Adjustment: Practical Legal and Accounting Advice Before a Change Occurs
Brad English and Hobie Frady presented a webinar on March 16 titled Preserve Your Right to Obtain an Equitable Adjustment: Practical Legal and Accounting Advice Before a Change Occurs.  The session addressed the follow...
Blog
Court Rejects Indefinite Suspensions of Government Contractors Based on Guilt By Association
The United States District Court for the Northern District of Alabama recently held that the government cannot continue the suspension of a government contractor where the government does not initiate legal proceedings...
News
116 MAYNARD COOPER & GALE ATTORNEYS RECOGNIZED IN THE 2019 BEST LAWYERS IN AMERICA©
Birmingham, AL. Maynard Cooper & Gale is pleased to announce that 116 of the Firm’s attorneys have been recognized as leaders in their areas of practice in the 2019 edition of The Best Lawyers in America©. Included in...
News
MAYNARD COOPER & GALE PRESENTS CONFERENCE WITH PANELISTS FROM THE FBI, AMCOM AND US ATTORNEY’S OFFICE
Maynard Cooper & Gale is pleased to join Huntsville SOF, Cyber Huntsville and the North Alabama Chamber Federal Bar Association to present an informative afternoon focused on trending issues in government enforcement. Representatives from the...