honors + affiliations
Noted in The US Legal 500 for Energy: Litigation (2014)
Selected for inclusion in the BTI Client Service All-Star Team 2013 following client nomination
President, Court of Federal Claims Bar Association (2008)
Member, Court of Federal Claims Advisory Council
Member, Federal Circuit Bar Association
Member, District of Columbia Bar Association
Harlan Fiske Stone Scholar, Columbia University School of Law
Former Editor, Columbia Law Review
- District of Columbia
- New York
- U.S. Supreme Court
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Federal Claims
- Washington, D.C.
1111 Pennsylvania Ave., NW
Washington, DC 20004-2541
United States of America
Brad Fagg is a partner in Morgan Lewis's Litigation Practice. Mr. Fagg represents sophisticated commercial clients in a wide variety of high-stakes contractual and regulatory disputes, federal procurement matters, government and internal investigations, and pre-dispute counseling matters.
Mr. Fagg is a co-leader of the firm's Energy Litigation Practice and a co-leader of the firm's Government Contracting Practice. Since joining the firm in 1995, Mr. Fagg has handled scores of major matters for utilities and other energy companies, and has served as lead counsel for such companies in dozens of trials and appellate proceedings. Mr. Fagg is lead counsel for a majority of the nuclear utilities in the country in connection with claims against the government for breach of the federal government's obligation to accept and dispose of spent nuclear fuel—for such clients he has secured multiple hundred-plus million dollar settlements and trial verdicts, successfully defended such awards upon appeal, and led Morgan Lewis teams that have won the industry an aggregate of well over $1 billion in judgments and settlements. In claims against the government, Mr. Fagg maximizes recovery through a deep knowledge of opposing counsel and presiding judges, and efficient deployment of pretrial resources.
Mr. Fagg has also represented multiple clients from other industries in various commercial, business, construction, and environmental disputes, including many involving federal regulation and contracts. He has handled all manner of government contracts disputes and counseling, False Claims Act matters, securities law and civil fraud investigations, internal and government investigations, a trial involving a real estate joint venture, class actions, and federal administrative challenges. Mr. Fagg was recently described in an order by a Court of Federal Claims judge as representing clients "zealously, creatively, and with civility."
Prior to joining Morgan Lewis, Mr. Fagg was a trial attorney in the Civil Division of the U.S. Department of Justice, where he handled civil fraud cases, procurement disputes, takings claims, and employment appeals. His trial work included construction and other commercial government contract disputes, multimillion dollar government contract claims, and civil fraud investigations. At the appellate level, Mr. Fagg briefed and argued a number of matters before the U.S. Court of Appeals for the Federal Circuit and other courts of appeal.
Mr. Fagg is admitted to practice in the District of Columbia and New York, and before the U.S. Supreme Court, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims, and many federal district courts and regional courts of appeal.
- Secured multiple multi-million dollar trial court judgments for nuclear utilities from the U.S. Court of Federal Claims, in connection with spent nuclear fuel damages claims against the federal government. Successfully defended against government appeals of such judgments in the U.S. Court of Appeals for the Federal Circuit.
- Successfully defended against a court challenge to the renewal of the operating license for a nuclear power plant in the U.S. Court of Appeals for the Third Circuit.
- Secured dismissal of a False Claims Act qui tam lawsuit in the U.S. District Court of the District of Columbia for an energy company, on threshold motion to dismiss.
- Negotiated favorable settlements, and counseled multiple clients, in connection with power purchase agreement disputes.
- Secured a favorable settlement for energy trading company in a natural gas purchase agreement dispute in the U.S. District Court for the Northern District of New York.
- Secured favorable jury verdict for co-owner of a power generating facility, in dispute over breach of an operating agreement in Nebraska state court.
- Secured trial court verdict in favor of real estate joint venture in hotel management contract dispute in U.S. District Court for the District of Columbia.
- Defeated allegations of NEPA violations in a challenge in the U.S. Court of Appeals for the Third Circuit, on behalf of a nuclear utility client.
- Conducted internal investigations, and responses to government investigations, regarding widely-publicized allegations of inattentive security guards at nuclear power plants.
- Conducted multiple internal investigations, and responses to government investigations, into energy trading activities arising out of market manipulation allegations in Western energy markets.
- Represented a major financial service company in connection with class action claims in the U.S. District Court for the District of Delaware involving ATM network charges; defeated class certification and secured dismissal of claims.
- Columbia University Law School, 1988, J.D.
- Wake Forest University, 1985, B.A.