With emphases on the energy and federal procurement industries, Brad Fagg guides sophisticated commercial clients through high-stakes contractual and regulatory disputes, and government and internal investigations. He also advises on predispute counseling matters. As a co-leader of the firm’s energy litigation practice and a long-time senior member of the firm’s government contracting practice, Brad has handled scores of major matters for utilities and other energy companies. He often serves as lead counsel at trial and in appellate proceedings. Brad is the pro bono partner for the firm's Washington, DC office.
Brad is lead counsel for most of the US nuclear utilities in their claims against the federal government regarding the government’s obligations to accept and dispose of spent nuclear fuel. He has secured multiple hundred-million-dollar settlements and trial verdicts for such clients, and then successfully defended the awards upon appeal. Under Brad’s leadership, Morgan Lewis teams have won the electric utility industry an aggregate of more than $3 billion in judgments and settlements.
In claims against the government, Brad maximizes recovery through a deep knowledge of opposing counsel and presiding judges, and efficient deployment of pretrial resources.
Described by a Court of Federal Claims judge as representing clients “zealously, creatively, and with civility,” Brad also has experience with all manner of government contract disputes and counseling, the False Claims Act, civil fraud investigations, class actions, contract disputes, and federal administrative issues. Brad represents clients in other industries in commercial, construction, and environmental matters.
Before joining Morgan Lewis, Brad served as a trial attorney in the Civil Division of the US Department of Justice, handling civil fraud cases, procurement disputes, takings claims, and employment appeals. His trial work involved construction and other commercial contract disputes, including multimillion-dollar government contract claims, and civil fraud investigations. In that role, Brad briefed and argued cases before the US Court of Appeals for the Federal Circuit and other courts of appeal.
Ranked, Energy: Nuclear (Regulatory & Litigation), USA, Chambers Global (2019–2022)
Ranked, Energy: Nuclear (Regulatory & Litigation), Nationwide, Chambers USA (2017–2022)
Recommended, Industry focus: Energy litigation: conventional power, The Legal 500 US (2019–2022)
Recommended, Industry focus: Energy litigation: oil and gas, The Legal 500 US (2019–2022)
Recommended, Industry focus: Energy regulation: conventional power, The Legal 500 US (2019, 2020)
Recommended, Energy: Litigation, The US Legal 500 (2014, 2015)
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