Government Contract Appeals, Small Business Appellate Cases, Contract Bid Protests, Contract Disputes Act Appellate Lawyers
At Watson & Associates, LLC, with law offices in Washington DC and Colorado, our federal appeal lawyers offer legal services to government contractors and small businesses who are doing business with the federal government.
As federal contractors, you may often find that you received an unfavorable ruling from either the U.S. Court of Federal Claims, ASBCA, CBCA or some other lower trial court. Unfortunately, lower courts do commit a legal error that sometimes can be reversible if you can catch the error in time to meet the appeal deadlines. By bringing your case to the United States Court of Appeals for the Federal Circuit (CAFC), you can show why your case was wrongly decided.
Whether you are appealing a bid protest decision from the U.S. Court of Federal Claims, a Contract Disputes Act case from ASBCA or Civilian Board of Contract Appeals, or a small business adverse decision, our United States Court of Appeals for the Federal Circuit appellate lawyers can help.
Different Level of Skill Required Than at Trial Court
Compared to the United States Supreme Court, Federal appellate practice at the U.S. Court of Appeals for the Federal Circuit demands a different level of thinking skills and analysis than those involved at the lower court. As the party appealing the case, it is important to fully understand that this level of appellate practice is not in place to retry the case. Instead, filing an appeal requires a more narrow analysis of finding error through carefully critiquing the trial court record to see if the court committed reversible error.
Government Contracting and Types of Appellate Cases We Litigate
Our experienced trial attorneys and federal appeal lawyers represent our procurement and government contract clients in complex litigation matters including:
- Bid protest appeals at the US Court of Appeals for the Federal Circuit
- Contract Disputes Act appeals
- Contract termination for default appeals
- Federal construction claims appeals
- Applicable Court of Appeals rules
- Federal government small business and SBA affiliation matters
- Contract claims and disputes
- SBA Small Business Programs (E.g. HUBZone and 8(a) Business Development Program matters.
- Various procurement law appellate matters
How Do We Move Forward in Representing You?
After you decide to file an appeal at the Federal Circuit Court of Appeals, our government contract appellate attorneys start by developing the critical issues for appeal, we also then conduct the legal research to apply prior rulings to the facts in your specific case. In federal government contracting, there is also a myriad of regulations that are highly relevant and must also be reviewed.
- The goal is to promptly develop a persuasive legal brief that concisely outlines the issues before the judges.
- One of the critical tasks involved is for us to consult with the company decision-makers to discuss the process and the pros and cons of filing an appeal.
A commonly missed consideration by contractors is the importance of rule-making and procurement policy considerations required to be prepared for questions posed by the circuit court judges.
At Watson & Associates, the goal of our federal circuit court appeal lawyers is to develop a sound and persuasive appellate brief for submission to the court. Unfortunately, this takes a considerable amount of time and effort.
Drafting an appellate brief is the bedrock of your appellate case because the judges will review and discuss the briefs internally. The brief will also set the tone for the credibility of the lawyer and also create questions from the circuit court judges.
The bedrock of litigating a case at the United States Court of Appeals for the Federal Circuit is to be prepared for oral argument. A panel of three judges will preside over the oral argument hearing. In a government contract and federal procurement appeals case, there can be a series of questions posed by the judges. Therefore, the time and effort that goes into representation and legal preparation is substantial.
With regards to the process of preparing for oral arguments, the response must be filed by each counsel who will argue on behalf of each party in the case. The principal counsel in the case must sign the response.
Total argument time (including rebuttal time) is limited to 15 minutes per side for panel hearings and 30 minutes per side for en banc hearings unless otherwise directed by order of the court.
To be effective at the oral argument stage, our federal appellate lawyers understand that the focus must be balanced between answering the judges’ questions in addition to making any adjustments to pursued the court that your position best reflects that law and more importantly the court ruling that the lower court has in fact erred in its decision.
Help for Medium and Large Federal Contractors and Small Businesses Nationwide and Overseas
When it comes to circuit court appellate practice, Watson & Associates has extensive experience counseling government contractors and small businesses nationwide and overseas on how to address appeal cases at the Federal Circuit Court and how to navigate through the appellate process.
- To effectively litigate federal government contracting issues, we understand that it takes more than just being an appellate attorney to litigate at the federal circuit. Instead, one needs an attorney that also understands the substantive matters at the agency level and to be able to argue what the lower court did wrong.
- Looking at the record at the lower court takes time and procurement experience. Some of our appeal lawyers have actually worked for federal contracting agencies and are in a better position to make a case.
As frequently practice at the various courts that hear issues pertaining to federal contracting and SBA small business issues as well as bid protest appeal cases from the Court of Federal Claims.
What is the Legal Standard of Review for the U.S. Court of Appeals to Hear Your Appellate Case From the Court of Federal Claims?
When you appeal a government contracting case to the Federal Circuit Court of Appeals from the United States Court of Federal Claims, the appellate court will look at legal conclusions de novo (totally new) and COFC’s factual findings for clear error. See John R. Sand & Gravel Co. v. United States, 457 F.3d 1345, 1353 (Fed. Cir. 2006), aff’d 552 U.S. 130 (2008).
United States Federal Circuit Court CAFC Federal Appeal Lawyers Serving Washington DC and Nationwide
As federal appeal lawyers to the federal circuit courts, we understand the substantive areas and united states Circuit Court of Appeals for the Federal Circuit rules involved in federal procurement including bid protests, Contract Disputes Act, the Court’s jurisdiction and disputes regarding claims and small business matters.
As your appellate attorney, our goal is to keep cost down while developing a strategic plan of action that can convince the federal circuit court judges to rule in your favor. Contact one of our lawyers today
Call a Federal Appellate Lawyer Today for Immediate Help
If you are a federal government contractor and have recently received an adverse decision from the Court of Federal Claims (COFC); ASBCA or CBCA, call the US Court of Appeals for the Federal Circuit law firm at Watson & Associates, LLC. As federal appellate lawyers, we put together teams that can pursue the complex legal issues involved in federal procurement litigation.
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