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Eckland & Blando
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The Business of Justice

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Mark J. Blando

  • Managing Partner

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Rated By Super Lawyers | Mark J. Blando | SuperLawyers.com
North Star Lawyer

Biography

Mark Blando has dedicated his career to pursuing all forms of litigation against government entities, with a focus on contract claims against the federal government. He had the singular opportunity to act as counsel in both of only two U.S. Supreme Court cases in modern times involving attempts by the federal government to avoid its contractual obligations through legislation, having represented subsidized housing owners in Franconia Associates v. United States, 536 U.S. 129 (2002), both before the Supreme Court and at trial, and thrift institutions in United States v. Winstar Corp., 518 U.S. 839 (1996). The Franconia case alone has yielded recoveries of more than $800 million for Mark’s clients.

Mark also has litigated a wide variety of traditional government contract cases at the federal and state level, including False Claims Act litigation, bid protests, performance disputes, and termination challenges. He also advises contractors and subcontractors on a wide range of transactional matters, including Federal Supply Schedules, asset purchases, intellectual property issues, and internal compliance investigations. Mark also has pursued numerous other types of government claims, including Fifth Amendment takings claims, Federal Tort Claims Act cases, and actions under the Administrative Procedures Act. He has substantial litigation experience in a number of other areas, including construction, subsidized housing, real estate, educational testing, manufacturing, and general commercial litigation.

Mark graduated from Boston College (magna cum laude) in 1992, and from the George Washington University Law School (with honors) in 1995. As an undergraduate, Mark had the unique opportunity to serve as a mediator through the Harvard Mediation Program. While in law school, he served as Managing Editor of the Environmental Lawyer. Mark is now admitted to practice in Minnesota, Washington, D.C., Maryland, the United States Court of Federal Claims, the U.S. Court of Appeals for the Federal Circuit, and the U.S. Supreme Court. He is a member of the American Bar Association, Public Contracts Law Section, and the National Contract Management Association, where he served as the President and National Director of the Twin Cities Chapter. He also writes and lectures frequently on a variety of government contract topics. In service to the community, Mark supports numerous arts and educational organizations, including by sitting on the Boards of Directors for Open Window Theatre and Unity Catholic High School.

Practice Areas

Bar Admissions

  • Maryland, 1995
  • District of Columbia, 1997
  • U.S. Court of Appeals for the Federal Circuit, 1999
  • U.S. Court of Federal Claims, 1999
  • Minnesota, 2000
  • U.S. District Court for the District of Minnesota, 2000
  • U.S. Supreme Court, 2002

Education

  • George Washington University Law School, Washington, District of Columbia
    • J.D. – 1995
    • Honors: With Honors
  • Boston College
    • B.A. – 1992
    • Honors: magna cum laude
    • Major: English

Publications

  • Guide to State Procurement: A 50-State Primer on Purchasing Law, Processes and Procedures, ABA Section of Public Contract Law (contributing author), 3rd ed., 2022
  • Legal Focus: Government Contracts, Lawyer Monthly, 2016
  • Guide to State Procurement: A 50-State Primer on Purchasing Law, Processes and Procedures, ABA Section of Public Contract Law (contributing author), 2nd ed., 2011
  • Government Contractors & Environmental Liability, ABA Section of Environment, Energy & Resources, 2002
  • E-Sign’s growing Impact on Government Procurement, Contract Management Magazine, 2001
  • Attention Contractors: You Will Be Graded, Faegre & Benson, 2001
  • Direct and Cross-Examination of Scheduling Experts, in Judging the Scheduling Experts, ABA Public Contract Law Section, Construction Claims Committee Conference, 1998
  • International Arbitration in Bermuda, ABA Litigation Section, Insurance Coverage Committee, 1999
  • Note, Land Exchanges Under the Federal Land Exchange Facilitation Act, 1 The Environmental Lawyer 327, 1994

Cases

U.S. Supreme Court

  • Franconia Assoc. v. United States, 536 U.S. 129 (2002).

Appellate Courts

  • Callaway Manor Apts. v. United States, 940 F.3d 650 (Fed. Cir. 2019).
  • Airport Rd. Assoc. v. United States, 866 F.3d 1346 (Fed. Cir. 2017).
  • Chancellor Manor v. United States, 331 F.3d 891 (Fed. Cir. 2003).
  • Kvaerner ASA v. Bank of Tokyo-Mitsubishi, 210 F.3d 262 (4th Cir. 2000).
  • Eastover Ridge, L.L.C. v. Metric Constructors, Inc., 533 S.E.2d 827 (N.C. App. 2000).

Trial Courts

  • BAE Sys. Land & Armaments, L.P. v. Ibis Tek, LLC, 192 F. Supp. 3d 978 (D. Minn. 2016).
  • Ramona Inv. Grp. v. United States, 115 Fed. Cl. 704 (2014).
  • Carpenter v. United States, 69 Fed. Cl. 718 (2006).
  • Grass Valley Terrace v. United States, 69 Fed. Cl. 341 (2005).
  • Chancellor Manor v. United States, 67 Fed. Cl. 434 (2005).
  • Franconia Assoc. v. United States, 61 Fed. Cl. 718 (2004).
  • Allegre Villa v. United States, 60 Fed. Cl. 11 (2004).
  • Grass Valley Terrace v. United States, 51 Fed. Cl. 436 (2002).
  • Cooley v. United States, 46 Fed. Cl. 538 (2002).
  • Adams v. United States, 44 Fed. Cl. 772 (1999).

Unpublished

  • Covanta Hennepin Energy Res. Co. v. County of Hennepin, No. 16-3086, 2016 WL 7155737 (D. Minn. 2016).
  • Epiphany Studio Productions d/b/a Open Window Theatre v. Metropolis Minneapolis, LLC, No. 27-CV-16-14865 (Henn. Cnty. Dist. Ct. 2016).
  • Ramona Inv. Grp. II v. United States, No. 12-652C, 2014 WL 7129717, (Fed. Cl. Dec. 15, 2014).
  • Minneapolis Public Housing Authority v. United States of America, No. 14-170C (Fed. Cl. 2014).
  • Computerized Assessments & Learning, LLC v. Data Recognition Corp., No. 27-CV-11-24418, 2013 WL 4658376 (D. Minn. 2013).

Presentations

  • Suing the Government: Federal and State Contract Claims, Minnesota CLE (2023)
  • The False Claims Act in Government Contracting, Minnesota SADBOC Fair (2023)
  • State and Local Bid Protests for Federal Practitioners, ABA Public Procurement Symposium (panel moderator), Austin, TX (2022)
  • Suing the Sovereign: Claims and Disputes in Public Procurement, Minnesota CLE (2022)
  • Claims, Disputes, and Protests in Federal Government Contracts, Association of Procurement Technical Assistance Centers, Washington, DC (2021)
  • Know Your “R & R”: Responsiveness and Responsibility in Government Contracts, Minnesota SADBOC Fair (2021)
  • Commercial Item Contracting: A Simpler Way To Do Business
    with the Government?, Minnesota PTAC (2020)
  • Suing Uncle Sam: How to Win a Contract Claim Against the Government, Minnesota SADBOC Fair (2020)
  • Fundamentals of Government Contract Law, Minnesota SADBOC Fair (2019)
  • Commercial Item Contracting, Minnesota PTAC (2019)
  • The False Claims Act: Past, Present and Future, University of Minnesota National Seminar on Government Contracts, Minneapolis, MN (2018)
  • The False Claims Act, Association of Procurement Technical Assistance Centers, Jacksonville, FL (2018)
  • Government Contract Law 101, Association of Procurement Technical Assistance Centers, San Diego, CA (2017)
  • Past Performance in Government Contracting, NCMA World Congress, Orlando, FL (2016)
  • Suing Uncle Sam, National Property Management Association, Minneapolis, MN (2016)
  • Past Performance Information, Association of Procurement Technical Assistance Centers, St. Louis, MO (2016)
  • Government Contract Law 101, Minnesota SADBOC Fair (2015, 2016, & 2017)
  • Commercial Item Acquisitions: 20 Years After FASA, NCMA World Congress, Dallas, TX (2015)
  • Claims and Disputes in Government Contracts, Association of Procurement Technical Assistance Centers, San Francisco, CA (2014)
  • Lost Prepayment Rights: A Litigation and Settlement History, Wisconsin Council for Affordable Rural Housing, Madison, WI (2012)
  • Claims, Disputes and Protests in Government Contracts, Minnesota CLE, Minneapolis, MN (2011 & 2012)
  • Minnesota Procurement Technical Assistance Counsel, Advanced Contracting Series (various presentations) (2009 – 2012)
  • The False Claims Act: Past, Present and Future, University of Minnesota National Seminar on Government Contracts, Minneapolis, MN (2018)
  • Government Contract Law 101, Association of Procurement Technical Assistance Centers, San Diego, CA (2017)
  • Past Performance in Government Contracting, NCMA World Congress, Orlando, FL (2016)
  • Suing Uncle Sam, National Property Management Association, Minneapolis, MN (2016)
  • Commercial Item Acquisitions, 20 Years After FASA, NCMA World Congress, Dallas, TX (2015)
  • SADBOC Annual Government Procurement Fair (various presentations) (2014 – present)
  • Lost Prepayment Rights: A Litigation and Settlement History, Wisconsin Council for Affordable Rural Housing, Madison, WI (2012)
  • Claims, Disputes and Protests in Government Contracts, Minnesota CLE, Minneapolis, MN (2011 & 2012)
  • Minnesota Procurement Technical Assistance Counsel, Advanced Contracting Series (various presentations) (2009 – present)
  • NCMA Greater Iowa Spring Seminar (various topics), Cedar Rapids, IA (2010)
  • Public Contracts and Procurement Regulations: Keeping Pace in the Federal Marketplace, Lormen Education, Bloomington, MN (2008)
  • Litigation Against the Federal Government in the Court of Federal Claims, California Council for Affordable Housing, Lake Tahoe, CA (2006)
  • Litigating a Regulatory Taking Claim: A Practitioner’s View, ALI-ABA, Boston, MA (2005)
  • Prepayment Litigation: A Progress Report, National Leased Housing Association, Miami, FL (2005)
  • E-Procurement: Electronic Contracting with the Federal Government, University of Minnesota, National Seminar on Government Contracts, St. Paul, MN (2003)
  • Public Contracting in the Information Age, National Institute of Governmental Purchasing, Bloomington, MN (2002)
  • Doing Business with the Federal Government, Faegre & Benson Construction Seminar, Minneapolis, MN (2002)
  • Hot Topics in Government Contract Law, National Contract Management Association, Minneapolis, MN (2001)
  • Past Performance: Past, Present and Future, University of Minnesota, National Seminar on Government Contracts, St. Paul, MN (2000)
  • Government Contracts, Minnesota Project Innovation, Minneapolis, MN (2000)
  • Commercial Pricing: Doing Business with the Federal Government, National Contract Management Association, Denver, CO (2000)
  • Minnesota Construction Law: Payment and Performance Bonds, Lorman Education Services, Minneapolis, MN (1999)

Associations & Memberships

  • American Bar Association, Sections of Public Contract Law and Administrative Law
  • Association of the United States Army
  • Hennepin County Bar Association, Representative to MSBA Assembly
  • National Contract Management Association, Twin Cities Chapter
    • National Director, 2003 to 2004
    • Chapter President, 2002 to 2003
    • V.P., Education, 2001 to 2002
    • V.P., Education, 2006 to 2007
    • Board Member, 2001 to 2007
    • Member, 1999 to Present
  • National Defense Industrial Association

Past Employment

  • Faegre & Benson LLP, Minneapolis, MN, 1999 to 2004
  • Spriggs & Hollingsworth, Washington, D.C., 1995 to 1999
  • U.S. District Court, District of Columbia, 1994
  • District of Columbia Court of Appeals, 1994
  • Harvard Mediation program, 1991

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