Current Employment Position(s)

Partner

Lawyer Overview

Jeff H. Eckland focuses his practice on government contract and general commercial litigation. He has litigated cases in state and federal trial courts across the country, the United States Court of Federal Claims, the Armed Services Board of Contract Appeals, and numerous state and federal appellate courts. Jeff successfully argued before the United States Supreme Court in Franconia Associates v. United States , 536 U.S. 129 (2002).

Jeff has litigated a wide variety of traditional government contract cases at the federal and state level, including bid protests, performance disputes, compliance proceedings, terminations for default and convenience, defective pricing, qui tam, and False Claims Act litigation. Among his achievements in this area, he has negotiated at the Pentagon stays of suspension and debarment proceedings, represented government contractors in civil and criminal environmental proceedings, and 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, 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 Procedures Act (APA).

Jeff represents businesses and individuals in many other kinds of commercial disputes. On behalf of various plaintiff clients, he has obtained as lead trial lawyer six individual judgments in excess of $1 Million and aggregate judgment amounts in excess of $34 Million. Jeff has also obtained several judgments of $0 on behalf of defendants where the plaintiffs sought in excess of $3 Million. His practice includes jury and court trials, appeals, pre-judgment injunctions and other remedies, arbitrations and mediations, and administrative hearings. He has tried patent, trademark, copyright, trade secret, unfair competition, Lanham Act, antitrust, securities, fraud, misrepresentation, negligence, breach of fiduciary duty, employment discrimination, dealer termination, covenants not to compete, 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 an unbroken record of successfully obtaining 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 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 currently serves as an active member of the State Law Database Committee, where he chairs the drafting of procurement law outlines for the States of Minnesota, North Dakota, South Dakota, and Wisconsin. He is also a Fellow of the National Contract Management Association (NCMA), serves 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 Seminars on Government Contracts sponsored by the University of Minnesota. Jeff writes and lectures on a variety of government contract topics.

Areas of Practice

• Government Contract
• General Commercial Litigation

Representative Cases

• Franconia Associates v. United States, 536 U.S. 129 (2002)
• Chancellor Manor v. United States, 67 Fed. Cl. 434 (U.S. Court of Federal Claims (Lettow), Washington, D.C. 2005)
• Franconia Associates v. United States , (U.S. Court of Federal Claims (Allegre), Washington, D.C. 2004)
• Franconia Associates v. United States, 61 Fed. Cl. 718 (U.S. Court of Federal Claims (Allegre), Washington, D.C. 2004)
• Allegre Villa v. United States , (U.S. Court of Federal Claims (Miller), Washington, D.C. 2004)
• Chancellor Manor v. United States, 331 F.3d 891 (Fed. Cir. 2003)
• Franconia Associates v. United States, 536 U.S. 129 (United States Supreme Court, Washington, D.C. 2002)
• Grass Valley Terrace v. United States, 51 Fed. Cl. 436 (United States Court of Federal Claims, Washington, D.C. 2002)
• United Power Association v. FEMA, U.S. Dist. LEXIS 12922 (U.S. District Court (Webb) 2001)
• Technical Ordnance, Inc. v. United States, 244 F.3d 641 (Eighth Circuit Court of Appeals 2001)
• Red Wing Shoe Co. v. HHI, 148 F.3d 1355 (Fed. Cir. 1998)
• Adams v. United States, 42 Fed. Cl. 463 (U.S. Court of Federal Claims (Horn), Washington, D.C. 1998)
• Allstate Financial Corporation v. United States, 109 F.3d 1331 (8th Cir. 1997)
• Gronholz v. Sears, Roebuck and Co. , (U.S. District Court (Davis) 1996)
• Jurgens v. CBK, Ltd., 80 F.3d 1566 (Fed. Cir. 1996)
• Allstate Financial Corp. v. United States Postal Service, 860 F.Supp. 653 (U.S. District Court (Doty) 1994)
• UFE Inc. v. Methode Electronics, Inc. , (U.S. District Court (Doty) 1992)
• In re Intercomp Company , (1999)
• In re Intercomp Company , (1996)
• In re Control Corporation , (1995)
• In re Multi-Bloc, Inc. , (1995)
• In re Baxter-Travenol
• In re Marconi Dynamics, Inc. , (1993)
• In re Control Corporation, Control Data Systems, Inc. , (1993)
• In re Technical Ordnance, Inc., , (1990)
• Little v. Colorbrite, Inc. , (Minn. Ct. App. 1990)
• Little v. Colorbrite, Inc. , (Minn. Ct. App. 1992)
• Munsingwear, Inc. v. Compar SRL , (4th Judicial District, Minn. 1985)
• DowBrands, L.P. v. Helene Curtis, Inc., 863 F. Supp. 963 (U.S. District Court (Kyle) 1994)
• Aveda Corp. v. Aura, Inc., 19 USPQ2d 1864 (D. Minn. Feb. 1991)
• Donnaud's v. Red Wing Shoe Co. , (E.D. La. 1988)
• Schwebel v. T-S Development Corporation-I , (U.S. District Court (McNulty) 1988)
• Green Tree Acceptance, Inc. v. Wheeler, 832 F.2d 116 (8th Cir. 1987)
• David L. Cook Shoes, Inc. v. Red Wing Shoe Co. , (1986)
• Toro Co. v. R&R Products Co., 600 F.Supp. 400 (D. Minn. 1984)
• 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. , (4th Judicial District, Minn. 1991)
• Tiegen v. Pennsylvania House, Inc. , (4th Judicial District, Minn. 1991)
• State v. Red Wing Shoe Co. , (1989)
• Red Wing Shoe Co. v. Shearer's, Inc., 769 S.W.2d 339 (Tex. Ct. App. 1989)
• Webb Publishing Co. v. Fosshage, 426 N.W.2d 445 (Minn. Ct. App. 1988)
• Edin v. Jostens, Inc., 343 N.W.2d 691 (Minn. Ct. App. 1984)
• In re: the Exxon Valdez Oil Spill Litigation , (D. Alaska 1984)
• Jurgens v. McCasy, 927 F.2d 1552 (Fed. Cir. 1991)
• In re: the Glacier Bay, 741 F.Supp. 800 (D. Alaska 1989)
• In re: the Glacier Bay, 746 F.Supp. 1379 (D. Alaska 1990)
• Defenders of Wildlife v. Administrator, EPA , (U.S. District Court (Murphy) 1988)
• West Pub. Co. v. Mead Data Central, Inc., 616 F.Supp. 1571 (D. Minn. 1985)
• West Pub. Co. v. Mead Data Central, Inc., 799 F.2d 1219, 479 U.S. 1070 (8th Cir. 1986)
• Friends of Animals and Their Environment v. Commissioner of Natural Resources , (2nd, Judicial District, Minn.)
• Sierra Club and Defenders of Wildlife v. Clark, 755 F.2d 608 (8th Cir. 1985)
• In re: Exterior Siding and Aluminum Coil Antitrust Litigation , (U.S. District Court (Weiner) 1988)

West Practice Categories

Business Organizations, Government Contracts, Litigation & Appeals

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

Professional Associations and Memberships

• The Fund for the Legal Aid Society (Director)
• University of Minnesota Alumni Association
• University of Minnesota Alumni Society (Director)
• Volunteer Lawyers Network (VLN) (Director)
• National Contract Management Association (NCMA), 2003 - Present (Member, Board of Advisors)
• National Contract Management Association (NCMA), Twin Cities Chapter, 1995 - 1996 (Chapter President)
• National Contract Management Association (NCMA), Twin Cities Chapter, 1996 - 1998 (National Director)
• National Contract Management Association (NCMA), Twin Cities Chapter, 1994 - 2000 (Member, Board of Directors)
• National Contract Management Association (NCMA), Twin Cities Chapter, 1991 - Present (Member)
• American Bar Association, Section of Public Contract Law (State Law Database Committee)
• American Bar Association, Section of Science and Technology
• Court of Federal Claims Bar Association
• Federal Circuit Bar Association
• Annual National Seminars on Government Contracts, University of Minnesota (Planning Committee Member)

Honors and Awards

• Phi Beta Kappa
• Super Lawyer, Minnesota Law and Politics, 1998 - 2000
• Fellow, National Contract Management Association (NCMA)
• AV Rating, Martindale-Hubbell

Classes and 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, National Contract Management Association, Twin Cities Chapter, 2007
• Prepayment Litigation: A Progress Report, Council for Affordable and Rural Housing (CARH), Miami, Florida, 2007
• Update on USDA Prepayment Litigation and Final Settlement, California, California Council for Affordable Housing, Palm Springs, 2006
• Status Update, Prepayment Litigation, Minnesota Council for Affordable and Rural Housing (MN CARH), Hinckley, Minnesota, 2006
• Prepayment Litigation Update, Florida Council for Affordable and Rural Housing, Ocala, Florida, 2006
• Status of Prepayment Litigation Cases, Council for Affordable and Rural Housing (CARH),San Francisco, California, 2006
• Status of Prepayment Litigation Cases, Mid-Year Meeting, Owners Committee Meeting, 2006
• Prepayment Litigation Update, Minnesota Council for Affordable and Rural Housing (MN CARH), Bloomington, Minnesota, 2005
• Status Update, Prepayment Litigation, California Council for Affordable Housing, Reno, Nevada, 2005
• Prepayment – The Law Suits, Council for Affordable and Rural Housing (CARH), New Orleans, Louisiana, 2005
• Prepayment Litigation Update, Minnesota Council for Affordable and Rural Housing (MN CARH), Hinckley, Minnesota, 2004
• Prepayment Litigation Update, Rural Rental Housing Association, Springfield, Illinois, 2004
• Status Update, Prepayment Litigation, Council for Affordable and Rural Housing (CARH), Mid-Year Meeting, Scottsdale, Arizona, 2004
• Prepayment Litigation Update, Minnesota Council for Affordable and Rural Housing (MN CARH), Hinckley, Minnesota, 2003
• Prepayment Litigation Update, Rural Rental Housing Association, Springfield, Illinois, 2003
• Review of Prepayment Litigation, Council for Affordable and Rural Housing (CARH), New Orleans, Louisiana, 2003
• United States Supreme Court Victory, Wisconsin Council for Affordable and Rural Housing, Madison, Wisconsin, 2002
• How to Win a United States Supreme Court Case, 41st Annual National Seminar on Government Contracts, The University of Minnesota, St. Paul, Minnesota, 2002
• Prepayment Litigation Update, Minnesota Council for Affordable and Rural Housing (MN CARH), Hinckley, Minnesota, 2002
• Prepayment – Where Are We And Where Do We Go From Here?, 2002 Annual Meeting and Legislative Conference, Council for Affordable and Rural Housing (CARH), Arlington, Virginia, 2002
• Prepayment Rights, 2002 Mid-Year Meeting, Council for Affordable and Rural Housing, Napa, California, 2002
• Prepayment Litigation Update, Minnesota Council for Affordable and Rural Housing (MN CARH), Hinckley, Minnesota, 2001
• Update on Prepayment Litigation, 2001 Annual Meeting and Legislative Conference, Owners Committee Meeting, Council for Affordable and Rural Housing (CARH), Arlington, Virginia, 2001
• Status Update, Prepayment Litigation, 2001 Mid-Year Meeting, Council for Affordable and Rural Housing, Naples, Florida,, 2001
• Prepayment Litigation Update, Minnesota Council for Affordable and Rural Housing (MN CARH), 2000
• Damages Lawsuit Update, 2000 Mid-Year Meeting, Owners Committee Meeting, Council for Affordable and Rural Housing, Fort Lauderdale, Florida, 2000
• Demonstrative Evidence: Magic That Brings Words To Life, Course Chair and Overview, Minnesota Institute of Legal Education, (MILE), Minneapolis, MN, 1999
• Bid Protest Trends, 38th Annual National Seminar on Government Contracts, The University of Minnesota, St. Paul, Minnesota, 1999
• Litigation Update Regarding Winstar Claims, Minnesota Council for Affordable and Rural Housing (MN CARH), Hinckley, Minnesota, 1999
• Acquisition Reform: Evolutions in Government Contracting, 33rd Annual Spring Seminar on Government Contracting, National Contract Management Association (NCMA), Twin Cities Chapter, Minneapolis, Minnesota, 1999
• Update on Prepayment Litigation, 1999 Mid-Year Meeting, Owners Committee Meeting, Council for Affordable and Rural Housing, Fort Lauderdale, Florida, 1999
• Prepayment Litigation, Wisconsin Council for Affordable and Rural Housing, Madison, Wisconsin, 1998
• Breach of Contract by the Government, Minnesota Council for Affordable and Rural Housing (MN CARH), Hinckley, Minnesota, 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, 1998
• Congressional Debates Over Lost Prepayment Rights, Minnesota Council for Affordable and Rural Housing (MN CARH), Red Wing, Minnesota, 1997
• Prepayment Rights Update, 1997 Annual Meeting and Legislative Conference, Council for Affordable and Rural Housing, Arlington, Virginia, 1997
• Lost Prepayment Rights, Council for Affordable and Rural Housing (CARH), Key West, Florida, 1997
• International Trade in Government Contracting, 35th Annual National Seminar on Government Contracts, The University of Minnesota, St. Paul, Minnesota, 1996
• Issue Update on Winstar and Breaches of Contract by the Government, Council for Affordable and Rural Housing (CARH), Chicago, Illinois, 1996
• Issue Update on Winstar and Breaches of Contract by the Government, Minnesota Council for Affordable and Rural Housing (MN CARH), 1996
• Winstar Breach of Contract Claims, Minnesota Council for Affordable and Rural Housing (MN CARH), Owatonna, Minnesota, 1996
• Government Contract Law, Tulsa Chapter, National Education Seminar, National Contract Management Association (NCMA), 1996
• Winning Government Contract and High Technology Disputes, Rockford Area Chapter, National Contract Management Association (NCMA), Rockford, Illinois, 1996
• Litigating Against the Government, Minnesota Council for Affordable and Rural Housing (MN CARH), Bloomington, Minnesota, 1995
• Effective Practice Before The Government, 29th Annual Spring Seminar on Government Contracting, National Contract Management Association (NCMA), Twin Cities Chapter and The University of St. Thomas, Minneapolis, Minnesota, 1995
• Winning Contract Disputes Act Appeals, St. Louis Gateway Chapter, National Contract Management Association (NCMA), St. Louis, Missouri, 1995
• Government Contracts, Northeast Indiana Chapter, National Education Seminar, National Contract Management Association (NCMA), Fort Wayne, Indiana, 1995
• Contract Costs, Twin Cities Chapter, Minneapolis, Minnesota, National Education Seminar, National Contract Management Association (NCMA), 1995
• Winning Bid Protests, Twin Cities Chapter, National Contract Management Association (NCMA), St. Paul, Minnesota, 1995
• Acquisition Reform Under The Federal Acquisition Streamlining Act, Twin Cities Chapter, National Contract Management Association (NCMA), Minneapolis, Minnesota, 1994
• Topical Environmental Issues Affecting the Government Contractor, 33rd Annual National Seminar on Government Contracts, The University of Minnesota, St. Paul, Minnesota, 1994
• Winning Bid Protests, Tulsa Chapter, National Contract Management Association (NCMA), Tulsa, Oklahoma, 1994
• Environmental Issues in Government Contracting, Greater Iowa Chapter, National Education Seminar, National Contract Management Association (NCMA), Cedar, Rapids, Iowa, 1994
• Environmental Issues Affecting Government Contractors, Tulsa Chapter, National Contract Management Association (NCMA), Tulsa, Oklahoma, 1993
• Environmental Issues Affecting Government Contractors, ABA Public Contract Law Section, Contracting with the Federal Government, Minnesota State Bar Association (MSBA), & Minnesota Continuing Legal Education, Minneapolis, Minnesota, 1993
• Government Contract Law, Government Contracts Program, University of St. Thomas, Minneapolis, Minnesota, 1993
• Contract Disputes, Terminations, and Stop Work Orders, Twin Cities, National Contract Management Association (NCMA), Brooklyn Park, Minnesota, 1992
• Terminations, Minnesota State Bar Association (MSBA) & Minnesota Continuing Legal Education, Contracting with the Federal Government (CLE), Minneapolis, MN, 1992

Past Employment Positions

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

Education

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

Published Works

• 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, April, 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, May, 1993
• Terminations, Contracting With The Federal Government, Minnesota State Bar Association (MSBA) & Minnesota Continuing Legal Education, May, 1992

Address

1020 Lumber Exchange
10 South Fifth Street
Suite 1020
Minneapolis, MN 55402-1017

Phones

(612) 236-0161

Faxes

(612) 236-0179

Emails

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Websites

http://www.ecklandblando.com