Isaac Rosenberg

Counsel
irosenberg@fluet.law

Team Member Profile

Isaac B. Rosenberg is Counsel at Fluet, where he brings significant federal litigation and appellate experience to the firm’s Government Contracts and Litigation + Investigations Practices.

Mr. Rosenberg advises clients on complex government contracting matters, including bid protests, contract disputes, and regulatory compliance issues. Drawing on his extensive experience at the U.S. Department of Justice (DOJ), he provides strategic counsel on litigation matters at all levels of the federal court system.

Before joining Fluet, Mr. Rosenberg served as an Appellate Attorney in the Tax Division of the U.S. Department of Justice, where he briefed and argued dozens of tax-related appeals in circuit courts nationwide. He also mediated and negotiated settlements, prepared drafts and memoranda for the Office of the Solicitor General, and counseled the Tax Division’s civil trial sections.

As a Trial Attorney in the Commercial Litigation Branch of DOJ’s Civil Division, Mr. Rosenberg represented the United States in a wide range of cases brought under the Tucker Act in the U.S. Court of Federal Claims. His experience includes first-chairing bid protests for defense and civilian procurements, CDA and non-CDA contract disputes, and various monetary relief cases. He also represented the federal government in dozens of appeals in the U.S. Court of Appeals for the Federal Circuit.

Mr. Rosenberg has also worked on Capitol Hill, where he served as Assistant General Counsel to the U.S. House of Representatives. In that role, he represented House members, committees, officers, and employees in civil litigation concerning their official conduct. He also advised on congressional subpoenas and other legal issues affecting legislative duties.

Mr. Rosenberg began his legal career as a law clerk to the Honorable John R. Padova of the U.S. District Court for the Eastern District of Pennsylvania and the Honorable Barry G. Silverman of the U.S. Court of Appeals for the Ninth Circuit. He then joined a large Washington, DC firm where he worked on products liability and appellate matters.

In his free time, you can find Mr. Rosenberg outdoors, photographing wildlife.

Bid Protests in the Court of Federal Claims

  • As lead counsel, successfully defended NASA’s award of a multi-year, IDIQ grounds maintenance contract in a protest brought by an unsuccessful sole proprietor. Slaughter v. United States, 155 Fed. Cl. 676 (2021).
  • As lead counsel, successfully defended the U.S. Department of Veterans Affairs’ cancellation of an SDVOSB procurement of laboratory testing services. MCI Diagnostic Center, LLC v. United States, 147 Fed. Cl. 246 (2020).
  • As lead counsel, successfully defended the U.S. Army’s award of a base services contract in a protest brought by the unsuccessful incumbent. Facility Services Management, Inc. v. United States, 140 Fed. Cl. 323 (2018).
  • As lead counsel, successfully defended GSA’s rescission of an award under the Alliant 2 government-wide acquisition contract, following GSA’s reevaluation of proposals. Dynetics, Inc. v. United States, 2018 WL 1661048 (Fed. Cl. Apr. 5, 2018).
  • As lead counsel, successfully defended the Federal Transit Administration’s best-value award of a multi-year IT services contract (including pre- and post-corrective action). Harmonia Holdings Group, LLC v. United States, 136 Fed. Cl. 298 (2018).

Government Contract + Other Tucker Act Suits

  • As lead counsel, briefed and argued dispositive motions in a suit alleging that the U.S. Department of the Interior had breached a post-auction contract to sell federal public land. Silver State Land LLC v. United States, 148 Fed. Cl. 217 (2020).
  • As lead counsel, secured final court approval of an $85 million settlement to resolve a class action alleging that the U.S. Department of Agriculture had committed a Fifth Amendment taking of a commodity crop. Ciapessoni v. United States, 145 Fed. Cl. 685 (2019).
  • As lead counsel, defended the U.S. Department of Housing and Urban Development in a suit alleging that the government had breached a contract to pay certain statutory subsidies to a public housing authority. San Antonio Housing Authority v. United States, 143 Fed. Cl. 425 (2019).
  • As lead counsel, briefed and argued dispositive motions in a suit alleging that the U.S. Department of the Interior had wrongly withheld statutory interest on overpaid oil and gas royalties. BP America Production Co. v. United States, 148 Fed. Cl. 185 (2020); 142 Fed. Cl. 446 (2019).
  • As lead counsel, won summary judgment in a suit challenging the U.S. Department of Agriculture’s alleged underpayment of statutory subsidies for conservation security. James M. Fogg Farms, Inc. v. United States, 134 Fed. Cl. 363 (2017).
  • As lead counsel, successfully defended the U.S. Department of Veterans Affairs’ termination for default of a construction contract governed by the Contract Disputes Act. Aeroplate Corp. v. United States, Nos. 12-374, 12-377 (Fed. Cl.).

Other Trial Court Matters

  • Defended the Chairman of the United States House Select Committee on Benghazi in a constitutional tort suit brought by a former committee staffer. Podliska v. Gowdy, No. 13-2037 (D.D.C.).
  • Secured summary judgment in favor of the Chief Administrative Officer of the U.S. House of Representatives in an employment discrimination suit. Howard v. Office of Chief Administrative Officer, U.S. House of Representatives, 222 F. Supp. 3d 57 (D.D.C. 2015), aff’d, 2015 WL 9310036 (D.C. Cir. Dec. 21, 2015).
  • Successfully defeated a motion for attorney fees under the Equal Access to Justice Act. Dragovich v. U.S. Department of Transportation, No. 4:10-1564 (N.D. Cal.).

Appeals

  • In the Federal Circuit alone, presented oral argument in nine appeals, spanning veterans’ benefits law, federal personnel law, and federal tax matters.
  • Beyond the Federal Circuit, presented oral argument in nine appeals on federal tax and legislative immunity matters, including in the Second, Third, Fifth, Sixth, Ninth, and D.C. Circuits.
  • Prepared merits briefs in both defensive and affirmative appeals before the First, Second, Third, Fourth, Sixth, Eighth, Ninth, Eleventh, Federal, and D.C. Circuits.
  • Prepared briefs filed in the Supreme Court of the United States, at both the certiorari and merits stages:
    • Commissioner of Internal Revenue v. Culp, No. 23-1037 (petition for a writ of certiorari)
    • Parkinson v. Department of Justice, No. 17-1098 (brief in opposition to the petition for certiorari)
    • Bank Markazi v. Peterson, No. 14-770 (as counsel of record for amici curiae, the Bipartisan Legal Advisory Group of the U.S. House of Representatives and 225 individual House members)
    • Vance v. Ball State University, No. 11-556 (for amicus curiae the Chamber of Commerce of the United States of America)
    • Mims v. Arrow Financial Services, LLC, No. 10-1195 (for amicus curiae the National Federation of Independent Business, Small Business Legal Center)
    • Magner v. Gallagher, No. 10-1032 (for amici curiae the American Bankers Association, Consumer Bankers Association, Financial Services Roundtable, and Housing Policy Council)
  • Appellate Attorney, U.S. Department of Justice, Tax Division, Appellate Section
  • Trial Attorney, U.S. Department of Justice, Civil Division, Commercial Litigation Branch, National Courts Section
  • Assistant General Counsel, U.S. House of Representatives, Office of General Counsel
  • Associate, Arnold & Porter LLP
  • Law Clerk to the Honorable Barry G. Silverman, U.S. Court of Appeals for the Ninth Circuit
  • Law Clerk to the Honorable John R. Padova, U.S. District Court for the Eastern District of Pennsylvania
  • J.D., William & Mary School of Law, Order of the Coif; Lawrence W. I’Anson Prize
  • B.S. & B.A., University of Maryland, College Park, Summa cum laude (Marketing), Magna cum laude (Communications), Phi Beta Kappa
  • District of Columbia Bar
  • Virginia Bar
  • U.S. Court of Federal Claims
  • U.S. District Court for the District of Columbia
  • U.S. Tax Court
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit
  • Supreme Court of the United States
  • U.S. Department of Justice Performance-Based Awards for Excellence (2017 – 2019, 2021, and 2023)
  • Court of Federal Claims Bar Association
  • D.C. Bar Pro Bono Honor Roll (2012)
  • Volunteer District Court Attorney, Maryland Office of the Public Defender (2010-2011)