Amazon Hires Gibson Dunn, MoFo Teams to Sue Pentagon Over $10B Cloud Contract
The Gibson Dunn team includes veteran Supreme Court advocate Ted Olson and Theodore Boutrous Jr., whose First Amendment media advocacy has pit him against the Trump administration. Morrison & Foerster's Kevin Mullen is counsel of record for Amazon.
November 23, 2019 at 01:04 PM
4 minute read
Prominent Gibson, Dunn & Crutcher lawyers in Washington and Los Angeles are working with Morrison & Foerster on behalf of Amazon.com Inc. to sue the U.S. Defense Department over its decision to award a $10 billion cloud-computing contract to rival Microsoft Corp.
The Gibson Dunn team on the complaint, filed Friday in the U.S. Federal Claims Court, includes veteran Supreme Court advocate Ted Olson and Theodore Boutrous Jr., whose First Amendment media advocacy has pit him against the Trump administration. Olson, who served as President George W. Bush administration's top appellate lawyer, earlier this month argued against President Donald Trump's move to rescind an Obama-era immigration program benefitting 700,000 so-called Dreamers who arrived as children.
Amazon's suit was filed under seal but accompanying court papers show the company could argue Trump's animus toward Amazon—focused partly on its ownership of The Washington Post—played into the Pentagon's surprise decision to award the Joint Enterprise Defense Infrastructure, or JEDI, contract to Microsoft. Trump regularly assails news reports that question his decision-making and leadership, and he has publicly criticized Amazon CEO Jeff Bezos.
Kevin Mullen, co-chair of Morrison & Foerster's government contracts and public procurement practice, is lead counsel for Amazon in its Federal Claims lawsuit. Robert Metzger of the Washington litigation boutique Rogers Joseph O'Donnell is the chief lawyer for Microsoft, which intervened in the case to defend the Pentagon's award.
"We believe the facts will show they (DoD) ran a detailed, thorough and fair process in determining the needs of the warfighter were best met by Microsoft," Microsoft said in a statement, according to Reuters.
The case was assigned to Judge Patricia Campbell−Smith, who has served on the Federal Claims bench since 2013. Campbell-Smith was the court's chief judge from 2013 to 2017. The Washington-based Federal Claims court is home to multibillion-dollar government contract fights and other suits seeking monetary damages against the U.S.
Amazon's team from Gibson Dunn includes F. Joseph Warin, who leads the 200-lawyer litigation department in the firm's Washington office. Warin is also co-chairman of Gibson Dunn's white-collar defense and investigations group. Gibson Dunn's Andrew Tulumello, a veteran appellate lawyer, is also on the Amazon team, with partner Daniel Chung. The Los Angeles-based partners advising Amazon include Eric Vandevelde and Richard Doren.
Olson and Boutrous did not immediately comment Saturday. Boutrous was lead counsel for CNN reporter Jim Acosta, who successfully sued the Trump White House last year after it denied him media access. Boutrous is separately advocating for a Playboy columnist in a case against the White House pending in the U.S. Court of Appeals for the D.C. Circuit. Boutrous' observations and legal analysis has earned him tens of thousands of followers on Twitter.
In addition to Mullen, the Morrison & Foerster team includes J. Alex Ward, co-chair of the government contracts practice, and Washington associates Sandeep Nandivada, Caitlin Crujido and Alissandra Young.
Oracle Corp., eliminated from the bidding war over a $10 billion U.S. Defense Department cloud-computing contract, is pressing its claims in the U.S. Court of Appeals for the Federal Circuit. Oracle is represented by Craig Holman, who leads the government contracts and national security practices at Arnold & Porter Kaye Scholer.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
Auditor Finds 'Significant Deficiency' in FTC Accounting to Tune of $7M
4 minute readTrump's SEC Overhaul: What It Means for Big Law Capital Markets, Crypto Work
Law Firms Mentioned
Trending Stories
- 1Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
- 2Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 3Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 4Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 5Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250