Brad Fagg

Partner

Brad Fagg is a partner in Morgan Lewis's Litigation Practice and a member of the Washington, D.C. Office Management Committee. Mr. Fagg has extensive civil trial and appellate experience, including all phases of pre-trial discovery, motions practice and briefing, hearings and trials, and briefing and arguing appeals. Mr. Fagg also has a background in conducting internal investigations and counseling clients in compliance matters.

Since joining the firm in 1995, Mr. Fagg has handled a number of major matters for the firm's nuclear and other energy clients. He has served as lead counsel for utilities in dozens of cases at the trial and appellate level. Mr. Fagg has also represented a number of clients in connection with government investigations of energy trading activities. He is lead counsel to the majority of the major domestic nuclear utilities in connection with claims against the government, regarding federal obligations to accept and remove spent nuclear fuel. Mr. Fagg successfully negotiated a resolution of such claims by the country's largest nuclear utility, resulting in a settlement of one of the largest breach of contract claims ever brought against the federal government.

Mr. Fagg has also been active in representing other firm clients in different types of commercial and business disputes. For example, Mr. Fagg was involved in successfully opposing motions for class certification in a multimillion dollar antitrust class action involving a joint venture that operated one of the largest regional ATM networks in the country. He has also represented clients in securities law and civil fraud investigations, False Claims Act matters, injunctive actions involving trade secrets, a trial involving a real estate joint venture, copyright disputes, and various government contracts matters.

Prior to joining Morgan Lewis, Mr. Fagg spent a number of years as a trial attorney in the Civil Division of the U.S. Department of Justice, where he handled civil fraud matters, 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 before the U.S. Supreme Court, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims, D.C. and New York state courts, and many federal district courts and regional courts of appeal.

Mr. Fagg is admitted to practice in the District of Columbia and New York.