Attorneys At Law
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Todd M. Garland

Associate

Tysons Corner Office
8000 Towers Crescent Drive, Suite 900
Tysons Corner, VA 22182
Phone: (703) 847-6300
Fax: (703) 847-6312

Mr. Garland practices in construction and government contracts law, and has worked on matters including DCAA audits, arbitration disputes, commercial litigation, contract interpretation, bid protests, and cost allowability issues.  His litigation experience includes prime-subcontractor disputes in federal and state courts.  Additionally, Mr. Garland has worked on white collar defense matters involving anti-corruption issues and the civil False Claims Act.

His experience includes complex construction matters in state and federal court, such as representation of a prime contractor in litigation arising from a $1 billion, 29-mile highway project, and representation of one of the world’s largest engineering companies sued in federal court for the allegedly defective design of a $15 million sewer project. 

Mr. Garland has represented clients in state and federal courts, including representation of a subcontractor in a $150 million dispute involving an advanced missile system used by the U.S. Air Force and Navy, and allied militaries. 

He helped a prime contractor defend against a subcontractor’s action seeking $25 million in damages for breach of contract, unjust enrichment, and violation of the Virginia Business Conspiracy Statute, obtaining dismissal or summary judgment on all counts.  Shee Atika Languages, LLC v. Glob. Linguist Sols., LLC, 2014 WL 3810289 (E.D. Va. Aug. 1, 2014), aff’d 601 F. App’x 224 (4th Cir. 2015). 

Mr. Garland was selected as a finalist for the 2018 ABA Forum on Construction writing competition.

Mr. Garland graduated cum laude from law school and was a member of the Moot Court Board.  Before entering law school, Mr. Garland worked as a political aide on Capitol Hill.

Education

University of Louisville Brandeis School of Law (J.D., cum laude; Moot Court Board; May 2012)
College of William and Mary (B.A., Public Policy, 2003)

Bar Admissions

Commonwealth of Virginia

District for Columbia

Court Admissions

Supreme Court of Virginia
U.S. District Court for the Eastern District of Virginia
U.S. Court of Federal Claims
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Federal Circuit

Publications and Presentations

Jonathan D. Shaffer and Todd M. Garland, GAO Reminds Pentagon: Use of OTAs Not Unfettered, Federal Contracts Report, (publication forthcoming in June 2018)

Armani Vadiee and Todd M. Garland, The Federal Government’s “Other Transaction” Authority, 18-5 Briefing Papers (April 2018) (May 2018)

Todd M. Garland, Warning to Contractors:  Be Careful When Designating Key Personnel in Proposals, ABA Forum on Construction Division 13 Newsletter (Apr. 2018 Vol. 5, Issue 5) 

Todd M. Garland, Contractors Beware: Disqualification When Key Personnel Become Unavailable, Washington Contractor Magazine (Annual Awards Issue)

Jonathan D. Shaffer and Todd M. Garland, But I Thought I Won? Procurement Cancellation Under the Virginia Public Procurement Act, Virginia Bar Association Journal (Vol. XVL Spring 2018)

John S. Pachter and Todd M. Garland, Fifth Circuit Decision Reinforces Need for Anti-Kickback Act Compliance, 109 Fed. Cont. Rep. (BNA) 33 (Jan. 9, 2018)

John S. Pachter and Todd M. Garland, The Most Important Government Contracts Related Decisions of 2017, ABA Section of Public Contract Law (Dec. 2017)

Performance Evaluation Challenges:  What’s new?, The Procurement Lawyer (Vol. 53, No. 1 Fall 2017)

Erica J. Geibel and Todd M. Garland, Prior Material Breach and Laguna Construction: Adding Forfeiture to the Government’s Arsenal, ABA Forum on Construction Division 13 Newsletter (Dec. 2016)

Todd M. Garland, Virginia Supreme Court Declares Teaming Agreement to be Unenforceable “Agreement to Agree,” 69 Va. Bar Assoc. Construction Law & Public Contracts Newsletter (Fall 2016)

John S. Pachter and Todd M. Garland, Kickbacks Result in Forfeiture of Claim, 106 Fed. Cont. Rep. (BNA) No. 13, at 377 (Oct. 11, 2016)

John S. Pachter and Todd M. Garland, When Does a Company “Knowingly” Violate the Anti-Kickback Act?, 106 Fed. Cont. Rep. (BNA) No. 9, at 265 (Sept. 13, 2016)

Erica J. Geibel and Todd M. Garland, Recent Developments in Foreign Corrupt Practices Act Enforcement, ABA Young Lawyers Division Litigation Committee Newsletter (Summer 2016)

John S. Pachter and Todd M. Garland, A Sensible Outcome for False Claims in Universal Health Services, 106 Fed. Cont. Rep. (BNA) No. 4, at 97 (July 26, 2016)

John S. Pachter and Todd M. Garland, A Look at False Claims Act Cases Through Scalia’s Lens, 105 Fed. Cont. Rep. (BNA) No. 14, at 310 (Apr. 12, 2016)

Passing-Through Claims on Federal Contracts, ABA Federal Procurement Institute (Mar. 2016)

John S. Pachter and Todd M. Garland, Encouraging Signs for False Claims Act Litigation: Recent Decisions Aligned to Guide Supreme Court Review, 105 Fed. Cont. Rep. (BNA) No. 3, at 67 (Jan. 26, 2016)

Co-Author, Smith Pachter McWhorter PLC False Claims Act Practice Guide (2016, 2017, 2018)

Contributor, Guide to Fixed-Price Supply Subcontract Terms and Conditions (5th ed. ABA Section of Public Contract Law, 2016)

Contributor, Guide to Services Subcontract Terms and Conditions, (2nd ed. ABA Section of Public Contract Law, publication forthcoming in 2018)

Associate Editor, BCA Bar Journal (Summer 2017 to Present)

John S. Pachter and Todd M. Garland, The Most Important Government Contracts Related Decisions of 2015, 2016, and 2017, American Bar Association Section of Public Contract Law

Finalist, ABA Forum on Construction Law Trial Academy Case Material Writing Competition

Contributor, Guide to Services Subcontract Terms and Conditions, (2nd ed. ABA Section of Public Contract Law, publication forthcoming in 2018)

Contributor, Chapter 4 – Terminations, ABA Public Contract Law Section Deskbook on Contract Claims and Disputes (publication forthcoming in 2018)

Presenter, Jonathan D. Shaffer and Todd M. Garland, Government Contracts Basics: Bid Protests – District of Columbia Bar (May 16, 2018)