Thomas P. McLish focuses on complex litigation in state and federal courts.
Practice & Background
With extensive trial and appellate experience, Mr. McLish represents clients in complex commercial litigation. He primarily focuses on cases involving government contract disputes, including bid protests and matters involving allegations of fraud or false claims. He has represented owners, contractors and design engineers in complex lawsuits concerning the construction of large projects throughout the country, as well as health care companies, defense contractors and suppliers of commercial items and services. His experience also includes advising clients on government contract issues arising in M&A transactions.
Mr. McLish litigates before U.S. appellate and district courts, state courts, the Court of Federal Claims, federal boards of contract appeals and arbitration panels. He has handled government contract disputes before various U.S. agencies, including the General Services Administration, the departments of Defense, Navy, Air Force and Army and the Army Corps of Engineers, as well as bid protests before the Government Accountability Office.
His broad litigation experience also includes defense of securities fraud lawsuits, intellectual property litigation and consumer class actions.
From 1990 to 1995, Mr. McLish was a trial attorney with the U.S. Department of Justice Civil Division, Commercial Litigation Branch. In that position, he handled civil contract, fraud and federal labor law disputes, including major weapons system procurement, construction and Fifth Amendment “takings.” From 1989 to 1990, he was a law clerk to the Honorable Robert P. Patterson Jr. of the U.S. District Court for the Southern District of New York.
Mr. McLish was an editor of the Columbia Law Review.
Mr. McLish has represented clients in a wide variety of litigated disputes, including bid protests (both as protestor and intervenor), government contract, commercial, and False Claims Act litigation. Recent examples include:
- representing the concessions contractor at Yosemite National Park in a lawsuit against the National Park Service in the U.S. Court of Federal Claims involving more than $50 million in alleged damages for breach of contract.
- representing a major consumer electronics manufacturer in a False Claims Act litigation involving allegations that products sold to the government under were not compliant with the Trade Agreements Act.
- representing the manufacturer of HMMWVs in litigation with the Department of the Army at the ASBCA.
- representing a joint venture that built and operated dining facilities for U.S. troops in Iraq in a claim against the U.S. Department of the Army at the ASBCA and the U.S. Court of Appeals for the Federal Circuit.
- representing an owner (a quasi-public entity in New York State) in terminating a contractor for default, ensuring the surety’s compliance with its performance bond and defending subsequent lawsuits against our client by the original contractor, as well as the completion contractor.
- representing a multinational retail corporation as national coordinating counsel on nationwide products liability actions.
- representing a guaranty agency in a successful GAO protest challenging the Department of Education’s award decisions of student loan collection contracts worth hundreds of millions of dollars.
- successfully protesting for a construction contractor against the award of contracts in the Middle East by the U.S. Army Corps of Engineers and for a provider of temporary personnel services against the State Department.