Brian Cruz focuses his practice on government contract law, including classified and national security issues.

Brian advises clients in all aspects of government contracts law, from contract formation to prosecuting claims against the government, as well as defending contractors against False Claims Act allegations.

Brian has worked to resolve contract claims and disputes involving defense contractors, construction companies and design/build firms involved in various Iraqi/Afghani reconstruction projects in support of “Operation Enduring Freedom” (OEF) and “Operation Iraqi Freedom” (OIF). Brian has extensively counseled clients with obtaining and/or preventing the release of information under federal and state Freedom of Information Act provisions (FOIA), and has provided guidance on issues involving Compliance Programs, Subcontractor Management, and the Department of Defense Voluntary Disclosure Program.

View More

Brian, as a former Facilities Security Officer (FSO), also has provided counsel and litigated matters for contractors and individuals with regards to obtaining and maintaining security clearances and regularly appears before the Defense Office of Hearings and Appeals (DOHA) on such matters. He also counsels on measures to mitigate Foreign Ownership, Control or Influence (FOCI) for clients participating in the National Industrial Security Program (NISP). In one recent engagement, Brian counseled a company with three billion dollars in revenue in FOCI mitigation measures which allowed this partially foreign-owned client to enter the DoD / NSA Trusted Foundry Program.

Representative Experience

  • Defended client successfully against charges of procurement fraud with a damages claim estimate of approximately $100 million.
  • Represented a public utility in a $100 million negotiation for the privatization of a natural gas utility system on a U.S. military installation.
  • Successfully litigated a multimillion-dollar federal torts claim suit against the Department of the Navy for damage sustained to a state-of-the-art airship.

Professional Highlights

  • Super Lawyers, Rising Stars – Los Angeles, Government Contracts (2015 - 2017)
  • Co-authored California Public Procurement Handbook –2017 ed., West Publications, November 2017 (with Mike Rizzo)
  • Co-authored "Government Contract Disputes," 2011 - 2012 ed., Chapter 12, National Security-Related Disputes, West Publications, November 2011 (with Tom Abbott)

View More

  • Speaking Engagements
    • "Data Rights and Cyber Security in the Defense Industrial Base," Public Contracting Institute's Supply Chain Symposium, March 18, 2020
    • “Your Tax Dollars at Work: The Truth Behind Government Contracting Title,” Pillsbury CLE Marathon, San Francisco & San Diego, CA, January 14-15, 2020
    • “Adjudicative Guideline K: Handling Protected Information and How the New DFARS Cybersecurity Clause Affects FSO’s,” Los Angeles NCMS Chapter Meeting, El Segundo, CA, September 25, 2019
    • “Cybersecurity and the DFARS-7012 Clause: A Primer on the Requirements And What We Have Learned The First Year Under the New DFARS Cybersecurity Paradigm,” National Contract Management Association’s World Congress, Boston, MA, July 29-31, 2019
    • “There Is No “Easy Button” – Understanding Cybersecurity Under the DFARS-7012 Clause,” Pillsbury’s Annual East Coast Government Contracts Summit, Tysons, VA, May 14, 2019.
    • “There Is No “Easy Button” – Understanding Cybersecurity Under the DFARS-7012 Clause,” Pillsbury’s 5th Annual West Coast Government Contracts Summit, Carlsbad, CA, May 9, 2019.
    • “Data Rights Throughout the Supply Chain,” Public Contracting Institute, Supply Chain Symposium Webinar, May 15, 2019
    • “Cybersecurity and the DFARS-7012 Clause: A Primer on the Requirements And What We Have Learned The First Six Months Under the New DFARS Cybersecurity Paradigm,” NCMA World Congress (July 24, 2018 – Cleveland, OH) (Voted Best Breakout Session by Attendees)
    • Pillsbury's Government Contracts Spring 2018 Briefing – Panels on “Did You Say Fraud? A Discussion of the DOJ’s New Policy Memo on Pursuing Dismissal of “Qui Tam” lawsuits, Navigating Parallel Civil FCA and Debarment Proceedings, and Other Enforcement Issues” and “Cybersecurity and the DFARS 7012 Clause: A Primer on the Requirements And What We Have Learned in its First Four Months” (May 3, 2018 – San Diego, CA)
    • “Cyber Incident Reporting and Data Protection in the Supply Chain Webinar,” Public Contracting Institute, Supply Chain Symposium Webinar, April 18, 2018
    • “Federal Government Contracting True or False: The Sequel,” Pillsbury's 2018 CLE Marathon – January 24, 2018
    • “DOHA Cases and New Adjudicative Standards,” NCMS/SDISAC Joint Security Seminar, Thursday, October 19, 2017
    • Pillsbury's Government Contracts Fall 2017 Briefing – Panel on “Cyber-Security: Answers for the Non-Technical Federal Contractor” (Oct. 3, 2017 – Tysons, VA)
    • “Defense Office of Hearings and Appeals (DOHA) Adjudication Process: An Interactive Discussion on Recent Trends in Security Clearance Decisions,” Los Angeles NCMS Chapter Meeting- June 1, 2017
    • "Remotely Flying the Friendly Skies: Navigating Tort Liability for Manufacturers and Operators of UAV's in Domestic Airspace" AUVSI's Unmanned Systems 2013, August 2013
    • "National Security 101: Security Clearances & Classified Contracts" Orange County NCMA, September 2012
    • "Navigating the Waters: Intellectual Property & Cybersecurity," McKenna Long & Aldridge 2012 Annual Government Contracts Seminar, Shutters Resort, Santa Monica, California, May 2, 2012
    • "Get Cleared: Deconstructing the National Security Clearance Process" Federal Publications Seminars, May 18, 2011
    • "Legislative/Regulatory Update," McKenna Long & Aldridge 2011 Annual Government Contracts Seminar, Shutters Resort, Santa Monica, California, May 11, 2011
    • "Security Clearance 101: A Practitioner's Guide to Personnel and Facility Security Clearances" BNA Webinar, November 16, 2010
    • "Reporting and Oversight Requirements Imposed by the American Recovery and Reinvestment Act (ARRA)" Orange County Chapter of NCMA, October 15, 2009
    • "The Pendulum Swings Back: Changes For Contract Formation Rules and Annual Bid Protest Update," McKenna Long & Aldridge 2009 Annual Government Contracts Seminar, Loews Resort, Santa Monica, California, May 7, 2009
    • "The Road to the Final FAR - An Update of Recent COFC & ASBCA Cases," National Contracts Management Association, San Fernando Valley Chapter, March 20, 2008
  • Firm Publications
    • New Proposed DoD Cyber Guidance May Fuel Bid Protest Docket, Authors: Richard B. Oliver, Glenn Sweatt and Brian P. Cruz, May 16, 2018
    • Federal Contractors Beware, Authors: C. Joël Van Over, Brian P. Cruz, April 17, 2017
    • FedRAMP Accelerates the Process for Federal Contractors to Obtain Cloud Service Provider Authorizations and DoD Revises its Cloud Computing Security Requirements Guide for FedRAMP+, Authors: C. Joël Van Over, Brian P. Cruz, Selena Brady, June 14, 2016
    • Government Contractors Brace For Continuing Changes in Cybersecurity Regulations, Authors: C. Joël Van Over, Brian P. Cruz, Travis L. Mullaney, February 2, 2016
    • An Evolving Landscape, Authors: Kevin J. Slattum, Brian P. Cruz, December 8, 2015
  • External Publications
    • “Proposed Classified Info Rule Will Create Confusion,” (with Glenn Sweatt and Joël Van Over), Los Angeles Daily Journal, May 24, 2017
    • "SBA Drastically Revises Size Standards for Renewable Energy and Other Electric Utility Contracts," January 22, 2014
    • "Government Contract Disputes, 2011 - 2012 ed., Chapter 12, National Security-Related Disputes," West Publications, November 2011 (with Tom Abbott)
    • "California Public Procurement Handbook, 2010–2011 ed.," West Publications, November 2010 (with Mike Rizzo and John Burkholder)
    • "Changes to FCA Public Disclosure Bar Open Door to More Qui Tam Filings," BNA's Federal Contracts Report, April 20, 2010 (co-authored with Susan Mitchell and Mary Buxton)
    • "Rights and Remedies Under the Davis-Bacon Act: Analysis of Recent Proposals for Reform," The Procurement Lawyer, Fall 2008 (co-authored with Glenn Sweatt, general counsel of Environmental Chemical Corporation)
    • "Performance Problems," West Publications Year In Review, February 2008 (with Stanley Dees and Fred Levy)
  • Associations
    • American Bar Association (Litigation Section; Public Contract Law Section)
    • State Bar of California
    • NCMS
    • Armed Forces Communications and Electronics Association
    • National Contract Management Association

Education

  • J.D., Southwestern Law School, 2007
    cum laude

    B.A., University of Southern California, 1994

Admissions

  • California

Courts

  • U.S. District Court for the Southern District of California