The Business of Justice

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Attorney Jeff H. Eckland

Jeff H. Eckland

  • Partner
Jeff H. Eckland
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Biography

Jeff Eckland focuses his practice on government contracts and general commercial litigation. He has litigated cases in state and federal courts across the country, including the state courts of California, Louisiana, Minnesota, Oregon, and Texas; the federal district courts of Alaska, Arizona, Louisiana, Minnesota, North Dakota, Oregon, Pennsylvania, South Carolina, South Dakota, and Tennessee; the United States Court of Federal Claims (COFC); the Armed Services Board of Contract Appeals (ASBCA); the National Appeals Division (NAD) of the United States Department of Agriculture (USDA); the Courts of Appeals for the States of Minnesota and Texas; and the United States Courts of Appeals for the Eighth Circuit, the Ninth Circuit, and the Federal Circuit. Jeff successfully argued before the United States Supreme Court in Franconia Associates v. United States, 536 U.S. 129 (2002), establishing that when the Government transacts business with its citizens it must do so by the same rules as everyone else and that therefore an Act of Congress can constitute a breach of contract. The Franconia Associates line of cases has resulted in aggregate settlements of over $700 Million on behalf of his government contractor clients.

Jeff has tried a variety of traditional government contract cases at the federal and state level, including bid protests, performance disputes, compliance proceedings, terminations for default (T/D) and convenience (T/C), defective pricing, qui tam, and False Claims Act litigation. In addition, he has (i) negotiated at the Pentagon stays of suspension and debarment proceedings; (ii) represented government contractors in civil and criminal environmental proceedings; and (iii) recovered increased costs for the construction of a Naval Brig at Miramar Naval Air Station (Top Gun). Jeff also counsels government contractors and their subcontractors on many transactional and compliance issues, including all phases of contract negotiation and administration, termination settlement proposals (TSPs), cost allowance, intellectual property, and technical data rights. Jeff also pursues claims against the state and federal governments, and their various agencies, for redress of grievances relating to Government abuse of power and discretion under the U.S. and State Constitutions, the Federal Tort Claims Act (FTCA), and the Administrative Procedure Act (APA).

Jeff represents businesses and individuals in many other kinds of commercial disputes. His practice includes jury and court trials, appeals, prejudgment injunctions and other remedies, arbitrations and mediations, and administrative hearings. He was a member of the trial teams for the In Re Glacier Bay and Exxon Valdez oil spill litigation cases in Alaska in which he was primarily responsible for developing the evidentiary foundation for the successful fisheries price drop claim in the Glacier Bay case and the supervision of the discovery proceedings involving the Kenai river salmon sonar counters in the Exxon Valdez case. He was also involved in the maritime law aspects of both oil spill cases. He has tried patent, trademark, copyright, trade secret, unfair competition, Lanham Act, antitrust, securities, fraud, misrepresentation, negligence, breach of fiduciary duty, tortious interference with contractual relations, RICO, employment discrimination, dealer termination, covenants not to compete, breach of contract, takings, environmental, and other types of cases.

In addition to trying cases, Jeff enjoys obtaining quick court action on behalf of clients to protect their interests. He has successfully obtained emergency injunctive relief requested by his clients in over twenty civil actions. Prior to litigation, Jeff also counsels clients about the procedural, tactical, and strategic issues involved in commencing and defending civil actions. He counsels clients on ways to avoid litigation as well as to prevent or reduce liability should litigation occur, and advises clients about the risks, benefits, and costs of litigation.

Jeff graduated from the University of Minnesota in 1979, suma cum laude, and the University of Chicago Law School in 1982. He is a member of the Public Contract Law and Science and Technology Sections of the American Bar Association (ABA). Jeff serves as a member of the State Law Database Committee, where he chairs the drafting of procurement law outlines published by the ABA for the States of Illinois, Michigan, Minnesota, North Dakota, South Dakota, and Wisconsin. He is a member of the Ad Hoc Committee for the upcoming revision of the Model Procurement Code (MPC). He is also a Fellow of the National Contract Management Association (NCMA), served on the NCMA’s Board of Advisors, and served as President of the NCMA Twin Cities Chapter from 1995-1996. He is a long-standing member of the Planning Committee for the Annual National Seminar on Government Contracts sponsored by the University of Minnesota. Jeff writes and lectures on a variety of government contract topics.

Bar Admissions

  • Minnesota, 1982
  • U.S. District Court District of Minnesota, 1982
  • U.S. Court of Appeals 8th Circuit, 1987
  • U.S. Court of Appeals 9th Circuit, 1990
  • U.S. Court of Appeals 10th Circuit, 1993
  • U.S. Court of Appeals Federal Circuit, 1993
  • U.S. Court of Federal Claims, 1993
  • U.S. Supreme Court, 1993

Education

  • University of Chicago Law School, Chicago, Illinois
    • J.D. – 1982
  • University of Minnesota, Minneapolis, Minnesota
    • B.A. – 1979
    • Honors: summa cum laude
    • Honors: Phi Beta Kappa
    • Major: History

Publications

  • Jeff H. Eckland, The Franconia Associates Line of “That Was The Deal” Cases: A Roadmap for Suing Uncle Sam For Breach of Contract While Successfully Navigating The Rocky Shoals of Sovereignty, Unmistakability, and Other Unmentionables, in INSIDE THE MINDS: LITIGATION STRATEGIES FOR GOVERNMENT CONTRACTS 39-62 (Thomson Reuters / Aspatore Books, 2014)
  • U.S. Court of Federal Claims Issues Ruling on Franconia Prepayment Case, Council for Affordable and Rural Housing (CARH), Washington, D.C., CARH News, 2004
  • Demonstrative “Evidence”: Oxymoron or Winning Strategy?, Minnesota Institute of Legal Education (MILE), Winning With Demonstrative Evidence, 1998
  • Congress Concedes It Violated the Prepayment Option: The Section 515 Program Debates, Council for Affordable and Rural Housing (CARH), Washington, D.C., CARH News, 1997
  • Effective Claim Submittals, National Contract Management Association (NCMA), Twin Cities Chapter, Chapter Newsletter, 1996
  • Phase II of Procurement Reform, National Contract Management Association (NCMA), Twin Cities Chapter, Chapter Newsletter, 1996
  • Environmental Issues Affecting Government Contractors, Contracting with the Federal Government, ABA Public Contract Law Section, Minnesota State Bar Association (MSBA), and Minnesota Continuing Legal Education, 1993
  • Terminations, Contracting With The Federal Government, Minnesota State Bar Association (MSBA) & Minnesota Continuing Legal Education, 1992

Cases

  • Appeals of AEY, Inc., ASBCA No. 56470, 18-1 BCA ¶ 37076.
  • Chancellor Manor v. United States, U.S. Court of Federal Claims (Lettow), No. 94-1C, et. al., Washington, D.C., 2005
  • Franconia Associates v. United States, 61 Fed.Cl. 718 (Fed. Cl., 2004).
  • Allegre Villa v. United States, 60 Fed.Cl. 11 (Fed. Cl., 2004).
  • Chancellor Manor v. United States, 331 F.3d 891 (Fed. Cir. 2003).
  • Franconia Associates v. United States, 536 U.S. 129, (U.S. 2002).
  • Grass Valley Terrace v. United States, 51 Fed.Cl. 436 (Fed. Cl. 2002).
  • United Power Association v. Federal Emergency Management Agency, No. A2-99-180, 2001 WL 1789404 (D.N.D. Aug. 14, 2001).
  • Technical Ordnance, Inc. v. United States, 244 F.3d 641 (8th Cir. 2001).
  • Red Wing Shoe Co. v. Hockerson-Halberstadt, Inc., 148 F.3d 1355 (Fed. Cir. 1998).
  • Adams v. United States, 42 Fed.Cl. 463, (Fed. Cl. 1998).
  • Allstate Financial Corporation v. United States, 860 F.Supp. 653 (D. Minn. 1994).
  • Gronholz v. Sears, Roebuck and Co., U.S. District Court (Davis), Civil Action No. 3-94-1239, St. Paul, Minnesota, 1996
  • Jurgens v. CBK, Ltd., 80 F.3d 1566 (Fed. Cir. 1996).
  • Allstate Financial Corporation v. United States Postal Service, 860 F.Supp. 653 (D. Minn. 1994).
  • UFE Inc. v. Methode Electronics, Inc., 808 F.Supp. 1407 (D. Minn. 1992).
  • In re Intercomp Company, B-283354, August 27, 1999
  • Matter of: Intercomp Co.-Reconsideration, B-265638 et al., 96-1 CPD ¶ 110 (Comp. Gen. Feb. 22, 1996).
  • Matter of: Control Corp., B-253410.3, 95-2 CPD ¶ 127 (Comp. Gen. July 5, 1995).
  • Matter of: Multi-Bloc, Inc.–Entitlement to Costs, B-259182 et al., 95-1 CPD ¶ 217 (Comp. Gen. Apr. 20, 1995).
  • In re Baxter Travenol Labs., 952 F.2d 388 (Fed. Cir. 1991).
  • Matter of: Marconi Dynamics, Inc., B-252318, 93-1 CPD ¶ 475 (Comp. Gen. June 21, 1993).
  • Matter of: Control Corporation; Control Data Sys., Inc.–Protest & Entitlement to Costs, B-251224 et al., 93-1 CPD ¶ 353 (Comp. Gen. May 3, 1993).
  • Ordnance, Inc., B-236873, 90-1 CPD ¶ 73 (Comp. Gen. Jan. 19, 1990).
  • Little v. Colorbrite, Inc., No. C2-90-1135, 1990 WL 163102 (Minn. Ct. App. Oct. 30, 1990).
  • Little v. Colorbrite, Inc., No. C0-91-2293, 1992 WL 122516 (Minn. Ct. App. June 9, 1992).
  • Munsingwear, Inc. v. Compar SRL, File No. 197167 (4th Judicial District, Minn. October 2), 1985
  • DowBrands, L.P. v. Helene Curtis, Inc., 863 F.Supp. 963 (D. Minn. 1994).
  • A-Veda Corp. v. Aura Inc., No. 3-90 CIV 504, 1991 WL 328450 (D. Minn. Feb. 20, 1991).
  • Defenders of Wildlife v. Administrator, E.P.A., 700 F.Supp. 1028 (D. Minn. 1988).
  • Red Wing Shoe Co. v. Hockerson-Halberstadt, Inc., 148 F.3d 1355 (Fed. Cir. 1998).
  • Schwebel v. T-S Development Corporation-I, U.S. District Court (McNulty), Civ. No. 5-87-124, Duluth, Minnesota, 1988
  • Green Tree Acceptance, Inc. v. Wheeler, 832 F.2d 116 (8th Cir. 1987).
  • David L. Cook Shoes, Inc. v. Red Wing Shoe Co., No. CIV-86-702-TUC-WDB (D. Ariz. Dec. 24), 1986
  • Toro Co. v. R & R Products Co., 787 F.2d 1208 (8th Cir. 1986).
  • Rush’s Inc. v. Koala Blue, Inc., Olivia Newton-John, et al., Civil No. 91-973 (4th Judicial District, Minn.), 1991
  • Tiegen v. Pennsylvania House, Inc., Civil No. 4-89-802 (4th Judicial District, Minn.), 1991
  • State v. Red Wing Shoe Co., No. 242646 (Superior Court, California, County of Stanislaus, Oct. 10), 1989
  • Red Wing Shoe Co. v. Shearer’s, Inc., 769 S.W.2d 339 (Tex. Ct. App.), 1989
  • Webb Pub. Co. v. Fosshage, 426 N.W.2d 445 (Minn. Ct. App. 1988).
  • Edin v. Josten’s, Inc., 343 N.W.2d 691 (Minn. Ct. App. 1984).
  • In re Exxon Valdez, No. A89-0095-CV (HRH), 1994 WL 182856 (D. Alaska Mar. 23, 1994), aff’d, 104 F.3d 1196 (9th Cir. 1997).
  • Jurgens v. McKasy, 927 F.2d 1552 (Fed. Cir. 1991).
  • In re Glacier Bay, 741 F.Supp. 800 (D. Alaska 1990), aff’d, 944 F.2d 577 (9th Cir. 1991).
  • In re Glacier Bay, 746 F. Supp. 1379 (D. Alaska 1990).
  • Defenders of Wildlife v. Administrator, E.P.A., 688 F.Supp. 1334 (D. Minn. 1988), aff’d in part, rev’d in part, 882 F.2d 1294 (8th Cir. 1989).
  • West Publishing Co. v. Mead Data Central, Inc., 616 F.Supp. 1571 (D. Minn. 1985), aff’d, 799 F.2d 1219 (8th Cir. 1986).
  • Friends of Animals and Their Environment v. Commissioner of Natural Resources, (2d Judicial District, Minn.)
  • Sierra Club v. Clark, 755 F.2d 608 (8th Cir. 1985).
  • In re Exterior Siding & Aluminum Coil Antitrust Litig., 705 F.2d 980 (8th Cir. 1983).
  • Solutronix Corp. v. Eagan Technical Services, Inc., 1991
  • Fulgium v. Armstrong World Indus.,, 645 F. Supp. 761 (W.D. La. 1986).
  • Christensen v. Armstrong World Industries, Inc., 1985
  • Munsingwear, Inc. v. Drake Fabrics, Inc., 1985
  • Piper, Jaffray & Hopwood Incorporated v. Mackie, 1984
  • Guiment v. Burnet Realty, Inc., 1983
  • House v. Northwestern National Bank, 1983
  • Hall v. Aly, 1983
  • Foley v. McDonald’s Corp., 1982
  • Kypta v. McDonald’s Corp., 671 F.2d 1282 (11th Cir. 1982).
    • Airport Road Associates, Ltd. v. United States, 866 F.3d 1346 (Fed. Cir. 2017).

Classes & Seminars

  • Government Contract Law: Terminations, A Primer on T for C’s, T for D’s, and Breach of Contract, 41st Annual Spring Seminar on Government Contracting, Twin Cities Chapter, National Contract Management Association, Minneapolis, Minnesota, April 2007
  • Prepayment Litigation: A Progress Report, 2007 Mid-Year Meeting, Council for Affordable and Rural Housing (CARH), Miami, Florida, January 2007
  • Update on USDA Prepayment Litigation and Final Settlement, Fall Conference, California Council for Affordable Housing, Palm Springs, California, November 2006
  • Status Update, Prepayment Litigation, Minnesota Council for Affordable and Rural Housing (MN CARH), Hinckley, Minnesota, September 2006
  • Prepayment Litigation Update, Florida Council for Affordable and Rural Housing, Ocala, Florida, March 2006
  • Status of Prepayment Litigation Cases, 2006 Mid-Year Meeting, Owners Committee Meeting, Council for Affordable and Rural Housing (CARH), San Francisco, California, January 2006
  • Prepayment Litigation Update, Minnesota Council for Affordable and Rural Housing (MN CARH), Bloomington, Minnesota, September 2005
  • Status Update, Prepayment Litigation, California Council for Affordable Housing, Reno, Nevada, June 2005
  • Prepayment – The Law Suits, 2005 Mid-Year Meeting, Council for Affordable and Rural Housing (CARH), New Orleans, Louisiana, January 2005
  • Status Update, Prepayment Litigation, 2004 Mid-Year Meeting, Council for Affordable and Rural Housing (CARH), Scottsdale, Arizona, January 2004
  • Prepayment Litigation Update, Rural Rental Housing Association, Springfield, Illinois, May 2003 – May 2004
  • Review of Prepayment Litigation, 2003 Mid-Year Meeting, Council for Affordable and Rural Housing (CARH), New Orleans, Louisiana, January 2003
  • United States Supreme Court Victory, Wisconsin Council for Affordable and Rural Housing, Madison, Wisconsin, November 2002
  • How to Win a United States Supreme Court Case, 41st Annual National Seminar on Government Contracts, The University of Minnesota, St. Paul, Minnesota, October 2002
  • Prepayment – Where Are We And Where Do We Go From Here?, 2002 Annual Meeting and Legislative Conference, 2002 Annual Meeting and Legislative Conference, Council for Affordable and Rural Housing (CARH), Arlington, Virginia, June 2002
  • Prepayment Rights, 2002 Mid-Year Meeting, Council for Affordable and Rural Housing (CARH), January 2002
  • Prepayment Litigation Update, Minnesota Council for Affordable and Rural Housing (MN CARH), Hinckley, Minnesota, September 2001 – September 2004
  • Update on Prepayment Litigation, 2001 Annual Meeting and Legislative Conference, Owners Committee Meeting, Council for Affordable and Rural Housing (CARH), Arlington, Virginia, June 2001, Present
  • Status Update, Prepayment Litigation, 2001 Mid-Year Meeting, Council for Affordable and Rural Housing (CARH), Naples, Florida, January 2001
  • Prepayment Litigation Update, Minnesota Council for Affordable and Rural Housing (MN CARH), September 2000
  • Damages Lawsuit Update, 2000 Mid-Year Meeting, Owners Committee Meeting, Council for Affordable and Rural Housing (CARH), January 2000
  • Demonstrative Evidence: Magic That Brings Words To Life, Course Chair and Overview, Minnesota Institute of Legal Education (MILE), (Minneapolis, MN, December 1999
  • Bid Protest Trends, 38th Annual National Seminar on Government Contracts, The University of Minnesota, St. Paul, Minnesota, October 1999
  • Litigation Update Regarding Winstar Claims, Minnesota Council for Affordable and Rural Housing (MN CARH), Hinckley, Minnesota, September 1999
  • Acquisition Reform: Evolutions in Government Contracting, 33rd Annual Spring Seminar on Government Contracting, Twin Cities Chapter, National Contract Management Association (NCMA), Minneapolis, Minnesota, April 1999
  • Update on Prepayment Litigation, 1999 Mid-Year Meeting, Owners Committee Meeting, Council for Affordable and Rural Housing (CARH), Fort Lauderdale, Florida, January 1999
  • Prepayment Litigation, Wisconsin Council for Affordable and Rural Housing, Madison, Wisconsin, November 1998
  • Breach of Contract by the Government, Minnesota Council for Affordable and Rural Housing (MN CARH), Hinckley, Minnesota, September 1998
  • The “Rosetta Stone” Approach to Winning Cases: Embody the Theme of Your Case in Demonstrative Evidence, Course Chair, Winning With Demonstrative Evidence, Minnesota Institute of Legal Education (MILE), Minneapolis, MN, April 1998
  • Congressional Debates Over Lost Prepayment Rights, Minnesota Council for Affordable and Rural Housing (MN CARH), Red Wing, Minnesota, September 1997
  • Prepayment Rights Update, 1997 Annual Meeting and Legislative Conference, Council for Affordable and Rural Housing, Arlington, Virginia, June 1997
  • Lost Prepayment Rights, Council for Affordable and Rural Housing (CARH), Key West, Florida, January 1997
  • International Trade in Government Contracting, 35th Annual National Seminar on Government Contracts, The University of Minnesota, St. Paul, Minnesota, October 1996
  • Issue Update on Winstar and Breaches of Contract by the Government, Council for Affordable and Rural Housing (CARH), Chicago, Illinois, September 1996
  • Issue Update on Winstar and Breaches of Contract by the Government, Minnesota Council for Affordable and Rural Housing (MN CARH), October 1996
  • Winstar Breach of Contract Claims, Minnesota Council for Affordable and Rural Housing (MN CARH), Owatonna, Minnesota, September 1996
  • Government Contract Law, National Education Seminar, Tulsa Chapter, National Contract Management Association (NCMA), Tulsa, Oklahoma, May 1996
  • Winning Government Contract and High Technology Disputes, Rockford Area Chapter, National Contract Management Association (NCMA), Rockford, Illinois, March 1996
  • Litigating Against the Government, Minnesota Council for Affordable and Rural Housing (MN CARH), Bloomington, Minnesota, September 1995
  • Effective Practice Before The Government, 29th Annual Spring Seminar on Government Contracting, Twin Cities Chapter, National Contract Management Association (NCMA), and The University of St. Thomas, Minneapolis, Minnesota, April 1995
  • Winning Contract Disputes Act Appeals, St. Louis Gateway Chapter, National Contract Management Association (NCMA), St. Louis, Missouri, April 1995
  • Government Contracts, National Education Seminar, Northeast Indiana Chapter, National Contract Management Association (NCMA), Fort Wayne, Indiana, March 1995
  • Contract Costs, National Education Seminar, Twin Cities Chapter, National Contract Management Association (NCMA), Minneapolis, Minnesota, February 1995
  • Winning Bid Protests, Twin Cities Chapter, National Contract Management Association (NCMA), St. Paul, Minnesota, January 1995
  • Acquisition Reform Under The Federal Acquisition Streamlining Act, Twin Cities Chapter, National Contract Management Association (NCMA), Minneapolis, Minnesota, November 1994
  • Topical Environmental Issues Affecting the Government Contractor, 33rd Annual National Seminar on Government Contracts, The University of Minnesota, St. Paul, Minnesota, October 1994
  • Winning Bid Protests, Tulsa Chapter, National Contract Management Association (NCMA), Tulsa, Oklahoma, May 1994
  • Environmental Issues in Government Contracting, National Education Seminar, Greater Iowa Chapter, National Contract Management Association (NCMA), Cedar Rapids, Iowa, April 1994
  • Environmental Issues Affecting Government Contractors, Tulsa Chapter, National Contract Management Association (NCMA), Tulsa, Oklahoma, December 1993
  • Environmental Issues Affecting Government Contractors, ABA Public Contract Law Section, Contracting with the Federal Government, Minnesota State Bar Association (MSBA) and Minnesota Continuing Legal Education, Minneapolis, Minnesota, May 1993
  • Government Contract Law, Government Contracts Program, University of St. Thomas, Minneapolis, Minnesota, January 1993
  • Contract Disputes, Terminations, and Stop Work Orders, Twin Cities Chapter, National Contract Management Association (NCMA), Brooklyn Park, Minnesota, May 1992
  • Terminations, Contracting with the Federal Government (CLE), Minnesota State Bar Association (MSBA) and Minnesota Continuing Legal Education, Minneapolis, Minnesota, May 1992

Honors & Awards

  • Super Lawyer, Minnesota Law and Politics
  • Fellow, National Contract Management Association (NCMA)
  • AV Rating, Martindale-Hubbell
  • The National Trial Lawyers, Top 100 Civil Plaintiff Trial Lawyers in Minnesota

Associations & Memberships

  • National Contract Management Association (NCMA),
    • Board of Advisors, Member, 2003 to Present
    • Twin Cities Chapter, Chapter President, 1995 to 1996
    • Twin Cities Chapter, National Director, 1996 to 1998
    • Twin Cities Chapter, Board of Directors, Member, 1994 to 2000
    • Twin Cities Chapter, Member, 1991 to Present
  • American Bar Association, Science and Technology
  • Court of Federal Claims Bar Association
  • Federal Circuit Bar Association
  • University of Minnesota, Annual National Seminar on Government Contracts, Planning Committee Member
  • American Bar Association, Public Contract Law, State Law Database Committee, Member

Past Employment

  • Faegre & Benson LLP, Minneapolis, MN, 1982 – 2004
  • Howrey & Simon, Washington, D.C., 1981

Pro Bono Activities

  • The Fund for Legal Aid, Director
  • University of Minnesota Alumni Association
  • University of Minnesota Alumni Society, Director
  • Volunteer Lawyers Network (VLN), Director