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Overview

Ben Lambiotte has a broad and eclectic practice. Consistent with his wide range of experience in regulatory, transactional, professional responsibility and litigation matters, Ben has a broad and practical perspective on avoiding and solving legal problems.

He regularly represents technology and other public and privately held companies in connection with government contracting issues.  Representative government contracts clients include and have included a manufacturer of electronic components, a gunshot detection and location technology company whose primary customers are military and state and local law enforcement agencies, geo-spatial imaging software and services companies, a professional services company providing personnel to the Department of Defense, and a document management, search and retrieval software company with federal, state and local government contracts, in matters ranging from day to day advice and counsel, to and including corporate consolidation transactions.  Ben’s broad-gauged public contracts practice includes bid protest and claims and disputes litigation before the General Accountability Office and the United States Federal Court of Claims, and other federal tribunals. Recent representative engagements include successfully representing several Department of Defense transportation service providers in a policy-oriented pre-award bid protest before the U.S. Federal Court of Claims in BINL, Inc. v. United States, No. 12-71-C (U.S. Court of Claims, June 19, 2012)He also represented a group of small business motor carriers and freight brokers in protesting before the U.S. Governmental Accountability Office the DoD’s decision to consolidate into a single, sole-source, contract transportation of military freight in the continental United States.  In re 2B Brokers, B-298651 (GAO, November 27, 2008).  He represented a global public transportation fare collection company in federal court litigation resisting a competitor’s attempts to obtain information concerning the client’s contract from a government agency through Freedom of Information Act procedures.  ERG Transit Systems (USA) v. Washington Metro. Transit Auth., 593 F.Supp.2d 249 (D.D.C. 2009). More recently Ben and other GSB lawyers represented before the GAO a woman-owned small business in a successful post-award bid protest against the DIA. Ben has written professional articles and delivered presentations regarding a variety of government contracting and bid protest matters.  See, e.g., Jurisdictional Standing and Prudential Standing in Procurement Protests at the Federal Court of Claims:  A Muddled Relationship, Vol. 13-3 Briefing Papers (West, Feb. 2013).   

Ben also regularly advises and represents outside lawyers and law firms on legal ethics and professional responsibility issues, and law-related businesses on unauthorized practice of law issues.  He has also served GSB as internal ethics advisor and risk management counsel for over 10 years. Recent representative outside ethics engagements include advising and representing a prominent global e-discovery services company in an a unauthorized practice of law investigation; advising and representing a major national law firm and a partner in connection with conflict of interest allegations in a complex litigation matter, and responding to a related Bar disciplinary complaint, which matter was closed without further investigation by Bar counsel; and advising and counseling a patent lawyer on reporting obligations concerning the conduct of another attorney under state and U.S Patent and Trademark Office professional responsibility rules.  

His practice includes general commercial litigation, ranging from representing clients in simple business disputes in state court to defending multi-district antitrust class action litigation in various courts and tribunals around the country, and pursuing tort claims against the U.S. Government.  For example, Ben served as lead counsel and successfully obtained decertification of the class and eventually summary judgment in favor of Chinese refractory-grade bauxite exporters in a putative antitrust class action brought by a U.S. manufacturer of refractory products.  Resco Prod., Inc. v. Bosai Minerals Grp. Co., 158 F. Supp. 3d 406 (W.D. Pa. 2016).  Ben also successfully defended the sellers at trial in litigation over a $40 million data center transaction, alleging breach of contract, fraud and conspiracy claims in the Circuit Court of Fairfax County, Virginia. Lynnwood Tech Holdings LLC  v. NR INT LLC , No. 2015-15954 (Fairfax Cir. Ct., decided Feb. 24, 2017). 

Ben has extensive intellectual property litigation expertise and also regularly advises companies in connection with the licensing and protection of advanced technologies, including online game software and homeland security technologies.  Ben advises clients on trademark registration strategies, and litigates trademark cases for plaintiffs and defendants, before United States District Courts, and in inter partes cases before the United States Patent and Trademark Office Trial and Appeal Board relating to registration of trademarks and servicemarks.  He also frequently handles licensing of intellectual properties, including patents, trademarks and copyrightable software.  He has particular expertise and experience in licensing and technology transfer matters involving municipal and federal government contracts and grants, and universities.  For example, his recent experience includes negotiating patent licenses with the applied physics laboratory of a prominent East Coast research university on behalf of a homeland security technology company.  Ben’s recent experience also includes negotiating patent licenses and acquisitions as part of settlements of patent infringement litigation, and seeking non-infringement rulings permitting importation of puzzle games before the Intellectual Property Rights and Restricted Merchandise Branch of the U.S. Customs and Border Protection Service. Recent representation in federal court intellectual property litigation includes service as lead counsel for the prevailing party in John C. Flood of Virginia, Inc. v. John C. Flood, Inc., 770 F.Supp.2d 90 (D.D.C. 2010), and as a member of the Garvey Schubert Barer litigation team in Rosetta Stone, Ltd. v. Topics Entertainment, Inc., 1:09-cv-1128 (E.D. Va. 2009).

Ben is a member of the Bars of D.C., Maryland and Virginia, and admitted to practice (and regularly appears) in state and federal (including Bankruptcy) courts in each of those jurisdictions. He is also a member of the U.S. Federal Court of Claims Bar.  He is also admitted to practice in the United States Courts of Appeals for the D.C., Third, and Fourth Circuits.

Professional Activities

  • Member, Federal Bar Association
  • Member, American Bar Association, Center for Professional Responsibility

Experience

Experience

Blog Posts

News & Insights

Speaking Engagements

  • Seminar
    Garvey Schubert Barer, 10.3.13
  • "How to Avoid Pitfalls in Government Subcontracts," Garvey Schubert Barer and Macro Solutions, Inc.
    Seminar
    Garvey Schubert Barer, Washington, D.C., 6.24.08
  • "Sarbanes-Oxley and Private Companies: Why Should I Care?," Transportation Intermediaries Association 29th Annual Convention and Trade Show
    Speaking Engagement
    Royal Pacific Hotel, Orlando, FL, 4.19.07

Admissions

  • District of Columbia, 1989
  • Virginia, 1993 
  • Maryland, 1995 
  • U.S. Court of Appeals, District of Columbia Circuit, 1989
  • U.S. District Court, District of Columbia, 1989
  • U.S. District Court, District of Maryland, 1996
  • U.S. District Court, Eastern District of Virginia, 1998
  • U.S. Bankruptcy Court, Eastern District of Virginia, 1998
  • U.S. District Court, Western District of Virginia, 2003
  • U.S. Court of Federal Claims, 2008

Education

Catholic University of America, Columbus School of Law, J.D., 1989

  • Valedictorian
  • Certificate, Institute for Communications Law Studies
  • Senior Lead Article and Book Review Editor, Catholic University Law Review, Volume 38

American University, B.A., Communications, Legal Institutions, Economics and Government, 1983

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