Experience
Litigation, Investigations, and Dispute Resolution
Government Investigations and False Claims Act Matters
- First-chaired a five-day trial involving False Claims Act (FCA) and other fraud-related claims in a case arising out of prime and subcontractor pass-through claims alleging delays and breaches of contract concerning an Army Corps of Engineers construction project.*
- Represent a healthcare company in a government FCA investigation and qui tam lawsuit related to federal insurance programs.
- Represent a defense contractor in an internal investigation regarding FCA issues.
- Represent a government contractor in an investigation conducted by an agency Office of Inspector General.
- Represent a healthcare device manufacturer in a government FCA investigation.
- Advise an aerospace/defense contractor regarding FCA matters and related contract and disclosure obligations.
Contract Claims, Disputes, and Commercial Litigation
- Represent a government services contractor in prime-subcontractor dispute before U.S. District Court for the Eastern District of Virginia and AAA arbitration.
- Represent company in breach of contract action against the United States. (Silver State Land LLC v. United States, Court of Federal Claims No. 19-688).
- Served as lead counsel in successful defense of the United States against alleged breaches of contract in the U.S. Court of Federal Claims related to a government criminal investigation and prosecution.*
- Successfully defended the government in a class action lawsuit in the U.S. Court of Federal Claims brought by Federal Bureau of Investigation (FBI) police officers.*
- First-chaired a seven-day trial in a consolidated action brought by federal employees seeking overtime pay.*
Bid Protest Litigation
- Successfully defended the Coast Guard’s $3 billion award to Austal USA for construction of Offshore Patrol Cutters. Eastern Shipbuilding Group, Inc. v. United States, No. 22-1571C (Court of Federal Claims, December 14, 2023).
- Represent intervenor-awardee in a bid protest before the Government Accountability Office arising out of National Aeronautics and Space Administration (NASA) small business contract for mechanical engineering and other services. (ATA Aerospace, LLC, B-419962.2, B-419962.3)
- Successfully represented a defense contractor’s award of a $558 million contract to provide base support services to the U.S. Air Force in Africa and Europe. Defended against back-to-back protests before U.S. Government Accountability Office (GAO) and the U.S. Court of Federal Claims. (Vectrus Sys. Corp. v. United States, Fed. Cl. 20-2053 C, Vectrus Sys. Corp., B-419143, Dec. 23, 2020)
- Defended KBR, Inc. in successive bid protests arising out of the U.S. Army’s Logistics Civil Augmentation Program (LOGCAP) V before the GAO and U.S. Court of Federal Claims. (DynCorp International, LLC, B-417506.10, DynCorp International, LLC v. United States, Case No. 19-1133C, et al.)
- Represented a company in a bid protest defense before the Government Accountability Office with respect to a Naval Air Warfare Center contract for cyber warfighting support services.
- Successfully defended the United States before the U.S. Court of Federal Claims and U.S. Court of Appeals for the Federal Circuit in a post-award bid protest contesting a Navy commercial-item contract for moving and storage services for personnel at Guantanamo Bay, Cuba.*
- Successfully defended the Navy’s $160 million contract to modify and operate a vessel to be used by the U.S. Special Operations Command to support national security missions in a bid protest concerning cost realism analysis and adequacy of corrective action.*
- Successfully represented the United States in a software company’s protest challenging an agency’s procurement.*
- Lead counsel on behalf of the United States in a bid protest reviewing agency’s corrective action and justification for a $3.6 million sole-source bridge contract award to obtain information technology services.*
- Defended the United States in a post-award bid protest against the award of a firm, fixed-price, indefinite delivery/indefinite quantity contract to provide equipment for use in fire-fighting operations.*
Regulatory and Government Contracts Counseling
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Counsel defense contractors with respect to cybersecurity requirements under Defense Federal Acquisition Regulation (FAR) Supplement 252.204-7012 and other FAR/Defense Federal Acquisition Supplement (DFARS) clauses, as well as emerging regulatory requirements related to cybersecurity/government contracting (Cybersecurity Maturity Model Certification (CMMC), etc.)
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Advise technology company with respect to FedRAMP cloud computing security requirements and risk mitigation.
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Counsel contractors related to flow-down subcontracting issues pertaining to cybersecurity.
- Advise contractors with respect to protection of company information against disclosure under the Freedom of Information Act.
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Advise a subcontractor with respect to Buy American Act compliance issues.
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Advise companies with respect to protection of IP and data rights related to government contracts.
- Counsel companies with respect to compliance with Section 889 of the FY 2019 National Defense Authorization Act related to telecommunications equipment and services.
- Counsel a government contractor with respect to intellectual property and data rights licensing issues in connection with AI/machine learning technology.
- Advise a small business in the aerospace sector with respect to federal contract compliance matters.
- Represent companies in connection with eligibility issues and enforcement risk mitigation in relation to Paycheck Protection Program (PPP) small business loans.
- Advise companies with respect to suspension and debarment matters.
- Represent a quantum computing company with respect to government contracts and Committee on Foreign Investment in the United States matters in connection with an investment transaction.
Transactional Matters
- Represent a Fortune 100 company in acquisition diligence of government contracts.
- Conduct diligence on government contracts matters related to a potential transaction involving a defense contractor, including with respect to government data rights related to software.
- Represent a public company in government contracts-related matters in connection with the sale of the company.
*Prior experience