James J. Gallagher
As the immediate past Co-Chair of McKenna Long & Aldridge, James J. Gallagher is one of the chief architects in the firm's long term strategic and policy direction. Prior to the merger, Mr. Gallagher was Managing Partner at McKenna & Cuneo, a predecessor firm to MLA and a member of the firm's Executive Committee.
As a nationally renowned litigator, Mr. Gallagher has been representing government contractors, including the largest aerospace companies, for more than three decades. His experience includes the full range of government contract financial issues, including civil and criminal fraud investigations and litigation, defective pricing, terminations, claims, breach of contract and cost allowability. Mr. Gallagher has served as lead counsel in more than three dozen False Claims Act cases, most of which were qui tam matters. Five of those cases have been heard by the United States Court of Appeals for the Ninth Circuit, including the highly publicized Schumer V. Hughes case. He has also argued more than a dozen cases at the federal appeals courts. Most recently, Mr. Gallagher, together with Susan Mitchell and Mike Kavanaugh, defended General Motors in a unanimous victory at the U.S. Supreme Court in 2008 in Allison Engine Company, et al. v. United States ex rel. Sanders, et al.
A member of the firm's Terminations and Contract Restructures team, Mr. Gallagher has been lead counsel for contractors regarding claims against the federal government that totaled over $5 billion in the past 20 years.
Before joining the firm in 1970, Mr. Gallagher was a trial attorney for the U.S. Internal Revenue Service's National Office. He also served as an Adjunct Professor of Law at both Georgetown University Law Center (1973-1977) and the Columbus School of Law (1975-1977), teaching Government Contracts.
Chambers USA 2013 has recognized Mr. Gallagher as a leading government contracts lawyer in the nation.
General Dynamics: Counsel for General Dynamics in the DIVADS criminal case in Los Angeles in which the Department of Justice ultimately withdrew its indictment.
United Defense: Counsel for United Defense (predecessor company was FMC) in breach of contract suit in Northern District of Alabama. Recovery of $40 million. Affirmed in Eleventh Circuit.
Boeing: Represented company in contract claims on multiple programs that involved over $3 billion.
Mr. Gallagher has represented some of the world’s largest aerospace and defense companies including Lockheed Martin, Raytheon, Hughes, Boeing, General Dynamics, Northrop-Grumman, Rockwell Collins and General Motors.
- LL.B., Georgetown University Law Center, 1965
- B.B.A., University of Notre Dame, 1961
- U.S. Supreme Court
- U.S. Court of Federal Claims
- "Disclosure of Attorney-Client and Work Product Protected Information During Internal Investigations" BCABA The Clause, co-authored with Judy Choi, September 2013.
- "Have Courts Eviscerated the "Necessary" Cost Allocability Standard of FAR 31.201-4(c)?" The Procurement Lawyer, co-authored with David Ginsberg and Keith Byers, Winter 2013.
- "En Banc Consideration Of Government Contract Issues At The U.S. Court Of Appeals For The Federal Circuit," Public Contract Law Journal, co-authored with David Ginsberg and Keith Byers, Fall 2012.
- "The MLA Government Contractor Business Systems Compliance Guide," co-authored by Thomas Lemmer, James Gallagher, Kevin Slattum and Steven Masiello (January 2012).
- “Changed Cost Accounting Practices: Determining ‘Affected Contracts’ In Light of Donley v. Lockheed Martin Corp.,” BNA Federal Contracts Report, co-authored with Rob Bohn and Matt Carter, September 28, 2010.
Seminars and Presentations:
- Program Chairman of Western Briefing Conference for 13 years
- Program Chairman on five occasions of National Education Conference of NCMA, held annually in Los Angeles