Jim Briody, a member of Sutherland’s Litigation Practice Group and a member of the firm’s Employment, Dealer and Franchise, Construction, and Aerospace, Defense and Homeland Security Teams, focuses his practice on the defense and prosecution of business-related disputes, with an emphasis on employment and the automotive, government contracting and construction industries. He has represented employers, motor vehicle manufacturers and distributors, government contractors, construction contractors, subcontractors and owners.
Jim’s experience includes serving as counsel in trials, arbitrations, bid protests, appeals, administrative hearings and mediations. He has represented employers in litigation against former employees for breach of fiduciary duties, improper use of confidential information and conspiracy, and defended employers against Fair Labor Standards Act (FLSA) wage and hour claims. He has represented motor vehicle manufacturers and distributors on various issues including market expansion, dealer termination, product allocation, dealer incentives, warranty reimbursement and charge-backs, and constitutional challenges to statutes. Jim has also advanced and defended multi-million dollar claims and prepared and prosecuted bid protests before both the Government Accountability Office and the U.S. Court of Federal Claims. In addition to litigating matters, Jim has drafted agreements and advised contractors and owners on project management and government contracting issues including organizational conflict of interest, debarment, small business qualification, and potential liability under the False Claims Act and False Statements Act.
Prior to joining the firm, Jim served as a law clerk for the Honorable Judges Donald H. Kent, Donald M. Haddock and Alfred D. Swersky of the Circuit Court of the City of Alexandria, Virginia.
REPRESENTATIVE EXPERIENCE
Jim’s recent representative experience includes:
- Representing a security company in bid protest litigation before the Government Accountability Office and the U.S. Court of Federal Claims with respect to the award of a major contract for security services for government buildings.
- Representing a bidder in a U.S. Court of Federal Claims bid protest obtaining cancellation of the award of a billion-dollar military housing privatization contract by the United States Army.
- Representing a stevedoring contractor in a U.S. Court of Federal Claims trial obtaining a multi-million dollar award against the United States Army for services performed under changed conditions.
- Successfully representing a contractor prosecuting differing site condition, delay and acceleration claims against the Virginia Department of Transportation arising from a bridge construction project.
- Analyzed Organizational Conflict of Interest (OCI) issues and developed mitigation plans in connection with the merger of two large defense contractors.
- Analyzed potential False Claims Act and False Statements Act liability, small business set aside issues, and potential OCI situations in connection with a government contractor acquisition.
- Advised contractors on issues relating to “rated orders” from the government.
- Advised a company regarding its certification obligations and suspension and debarment issues.
- Representing an employer in an FLSA Section 216(b) action in the Eastern District of Virginia’s Rocket Docket.
- Successfully representing an employer prosecuting claims against former employees for breach of fiduciary duty, violation of Virginia’s business conspiracy statute and violation of the Computer Crimes Act.
- Successfully representing an automobile distributor in its termination of a dealer for inadequate inventory and staffing under Maryland’s dealer laws.
- Successfully representing a distributor in a lawsuit contending that the termination of the dealer was unlawful under the parties’ agreement and New Jersey franchise laws.
- Obtaining a favorable arbitration award for an automobile distributor alleged to have violated Connecticut’s dealer and consumer protection laws with respect to its handling of warranty reimbursement claims and charge-backs.
- Successfully defending a motorcycle manufacturer in an administrative hearing against a dealer’s claims that the manufacturer’s product allocation system, incentive program and market expansion activities violated various Maryland dealer laws.
- Representing a motorcycle dealer as amicus in a federal court trial and appeal obtaining a ruling from the U.S. Court of Appeals for the Fourth Circuit that the Virginia statute regulating the establishment of new motorcycle dealers in Virginia was unconstitutional.
- Representing a motor vehicle distributor in an administrative hearing where the Commissioner rejected the dealer’s preliminary challenge to the distributor’s statutory notice and upheld the distributor’s right to establish a new dealer in the existing Virginia dealer’s relevant market area.
- Representing a general contractor in arbitration arising from the Liberty Place mixed-use project in Philadelphia obtaining a $30 million arbitration award for delay, acceleration and extra work claims.
- Successfully representing a subcontractor in an action against a general contractor and owner for delay, acceleration and extra work claims on multiple power plant projects.
PROFESSIONAL AND COMMUNITY INVOLVEMENT
- Member, American Bar Association
- Member, Administrative Law, Construction Law & Public Contracts Section and the Litigation Section, Virginia State Bar
- Member, Board of Directors, Northern Virginia Catholic Youth Organization (2006-2012)
- Member, Board of Directors, Dunn Loring Swim Club (2008-2013)
- Our Lady of Good Counsel NVJCYO Commissioner (2006-2012)
RECENT PUBLICATIONS AND SPEAKING ENGAGEMENTS
Co-author, Virginia Construction Law, 50 State Public Construction Contracting, John Wiley & Sons (1995)
Speaker, 2006 Motor Vehicle Dealership Law Seminar (October 31 and November 2, 2006)
Speaker, 6th Annual Defense & Aerospace Investor & Corporate Development Seminar (September 18, 2006)
Speaker, 2004 Motor Vehicle Dealership Law Seminar (February 2004)
Speaker, Construction Payment Remedies in Washington, D.C. (July 2002)
© 2013 Sutherland Asbill & Brennan LLP