Disputes & Enforcement

We help clients defend their business. Our litigators are known for navigating novel, complex, and high-stakes disputes against government authorities and private parties — and for protecting clients against the government’s most serious enforcement tools.

Administrative Procedures Act Challenges

The APA requires the government to avoid actions that are arbitrary, capricious, or otherwise contrary to law. We use the APA as a powerful tool on both ends — shaping agency regulations through the rulemaking process, and challenging non-compliant agency actions in court.

After filing an APA suit in federal district court over the de facto blacklisting of our client, convinced the agency to reinstate the client's eligibility for subcontract awards.
When an agency's aggressive regulatory interpretation threatened a client's business model, developed a comprehensive litigation strategy on procedural and substantive grounds that reversed the agency's position.

Bid Protests

We have protested or defended hundreds of contract awards at the Government Accountability Office, the U.S. Court of Federal Claims, and the agency level. Our multidisciplinary team of attorneys and accountants brings an integrated approach to protest issues, with an effectiveness rate well above GAO’s published averages. Some of our most successful protests have been resolved through voluntary corrective action.

Successfully 'flipped' a $1.2+ billion contract from the awardee to our client based on significant errors in the award process.
Successfully defended the State Department's award of a $1 billion contract for Iraq embassy operations.
Persuaded an agency to abandon the LPTA method for procuring $2 billion in global consulting services, based on vague technical standards and non-binding prices.
Defended an award to our client against challenges by three competitors — persuading the agency to override the automatic stay of performance, defending the override at the Court of Federal Claims, and prevailing on the merits.

Contract Claims

We bring a multidisciplinary approach to resolving claims, with a track record exceeding $1 billion in recoveries — including a single award of more than $240 million affirmed by the U.S. Court of Appeals for the Federal Circuit. We litigate before the Boards of Contract Appeals and the U.S. Court of Federal Claims, and we frequently resolve claims through negotiation or mediation. Our attorneys have hundreds of days of trial and oral argument experience.

On a contingent-fee arrangement, litigated a breach claim against the Air Force on behalf of a small business; the government ultimately paid over $200 million plus attorneys' fees under the Equal Access to Justice Act.
Represented a Middle East contractor in negotiating multiple large claims against the Army Corps of Engineers for Afghanistan construction projects, achieving a grand bargain resolving all claims.
Served as lead counsel for a Fortune 50 contractor in a $90 million Iraq-related claim, settling at full value after extensive negotiations with USAID and the National Security Council.

Defective Pricing

Our defective pricing practice is led by David Bodenheimer, recognized in Chambers USA as ‘an exceptional costs and pricing attorney who is terrific with clients’ and ‘the top expert on defective pricing.

After a four-day ASBCA trial, obtained denial of the Army's $15 million defective pricing claim — with the Board issuing the most comprehensive Truth in Negotiations Act decision in 15 years, extending contractor defenses and clarifying the government's burden.
Litigated six defective pricing and cost claims, collectively valued at over $78 million, with the government recovering less than a penny on the dollar.
Prevailed in the largest defective pricing claim ($299 million) litigated under TINA.

Employment Disputes

We resolve employment disputes through negotiation, mediation, arbitration, and — when necessary — litigation, including matters involving terminations, non-compete and non-solicitation agreements, and theft of intellectual property.

Successfully managed a court-appointed mediation between a contractor and a former chief executive over termination and severance claims.
Represented a large contractor in litigation against a former employee and his new employer to enforce a non-compete agreement and ensure the return and destruction of stolen intellectual property.

False Claims Act

Our multidisciplinary team has successfully navigated hundreds of civil, criminal, congressional, and administrative False Claims Act cases and investigations. Defense strategies are not one-size-fits-all: we tailor each to the factual record, the client’s business priorities, the likelihood of ancillary proceedings such as suspension and debarment or shareholder suits, insurance coverage, and — above all — each client’s definition of success.

Represented a foreign construction company in a qui tam suit alleging fraud in the building of a U.S. embassy; won dismissal at summary judgment, affirmed by the Fourth Circuit.
Represented a munitions manufacturer in a qui tam suit alleging product substitution, securing dismissal with prejudice before trial.
Represented a battlefield contractor in a qui tam suit alleging fraud in security detail contracts; most allegations were dismissed on summary judgment, and the jury returned a defense verdict on all remaining claims.
Defended a pump manufacturer at trial and on appeal in a government-intervened FCA case seeking trebled damages exceeding $222 million; the month-long jury trial produced a judgment of zero damages, which survived appeals to the D.C. Circuit and the Supreme Court.

FEMA Arbitrations

We assist Stafford Act Public Assistance grantees and their contractors in appealing FEMA decisions on eligibility and grant funding — before the agency and in arbitrations before the Civilian Board of Contract Appeals. Our team includes former CBCA law clerks with experience analyzing arbitrations for the Board.

Served as lead counsel for a territorial grant recipient and its disaster relief contractor in seeking to overturn an arbitration decision denying eligibility of more than $70 million in costs.

Foreign Corrupt Practices Act

We represent companies and individuals in Department of Justice and Securities and Exchange Commission investigations of FCPA violations — and we counsel clients on disclosure obligations and strategy when allegations arise.

Represented an individual investigated for involvement with a high-priced middleman alleged to have bribed government officials, convincing the government not to pursue charges.
Represented a government contractor in an internal investigation of alleged bribes to government officials in India, advising on disclosure obligations and strategy.

Government Investigations & Enforcement Defense

We defend contractors and their executives in civil, criminal, and congressional investigations, including those by the Department of Justice and the Offices of Inspector General across the government — Defense (DCIS), Army, Air Force, Navy, State, NASA, USAID, Transportation, Health and Human Services, Homeland Security, Energy, Veterans Affairs, and others. We assess the risks, set legal strategy, and engage directly with the OIG and DOJ to persuade them to close investigations without action. (For internally initiated fact-finding, see Internal Investigations under Compliance & Risk.)

Represented a major food supplier in parallel criminal and civil investigations involving two federal Prime Vendor contracts, avoiding all charges and civil liability despite the client being named a co-conspirator in the criminal cases.
After a defense contractor received a target letter over allegedly falsified manufacturing and inspection records, conducted a full investigation and convinced the government that the records were not falsified, any discrepancies were immaterial, and a civil resolution was more appropriate.
Represented a major defense contractor in a criminal espionage investigation, persuading the government to close the matter without charges by showing that the allegedly classified information was publicly available.
Represented an embassy contractor in seven parallel investigations spanning allegations from human trafficking to fraud and bribery — all closed with no negative findings, fines, or penalties.

Intellectual Property Disputes

Government customers can be among the most aggressive in taking contractor IP. We enforce intellectual property and data rights against the government and competitors — and counsel clients on the practices that put them in a position to win those fights. (For proactive IP counseling, see Intellectual Property Protections under Strategy & Transactions.)

Represented a small business contractor in bringing an IP-theft claim against the federal government, litigating the matter to the Federal Circuit Court of Appeals.
Developed strategies and guidance for protecting IP rights vis-à-vis the government for many clients — identifying IP funding sources, negotiating appropriate clauses, and ensuring proper marking.

Prime-Sub Disputes

Contractors often clash over teaming agreements, revenue sharing, and performance and payment problems. We seek negotiated resolutions where possible — and litigate or arbitrate when necessary.

When a software developer client encountered significant unfunded changes on a fixed-price subcontract, developed a subcontract interpretation permitting it to stop work until the prime followed the change-order process and paid for changes.
When a JV/subcontracting partner stopped work to extract payments beyond its bargain, assisted our client — the lead JV partner and prime — in default-terminating the subcontractor (with the agency's approval) and self-performing.

Retaliation Claims

Whistleblower retaliation claims — often filed alongside qui tam suits — are not merely employment matters and should be handled with the underlying fraud allegations in mind. Handled well, a retaliation claim can even help resolve False Claims Act allegations on favorable terms.

After securing dismissal of all FCA fraud counts, negotiated a favorable resolution of the remaining retaliation count for substantially less than the client's insurance carrier was willing to cover.
Convinced the Department of State to deny relief to a complainant alleging retaliation under 41 U.S.C. § 4712, notwithstanding OIG findings that the complainant had made protected disclosures.
In a qui tam case alleging multiple fraud schemes plus retaliation, narrowed the fraud allegations and steered the settlement allocation toward the retaliation count — reducing the overall settlement while preserving its value to the relator.

Suspension and Debarment

We represent clients facing potential suspension or debarment from government work. Our team includes a former Air Force Suspension and Debarment Official who oversaw hundreds of proceedings and built what the White House called the ‘gold standard’ of suspension and debarment programs. We have successfully navigated more than one hundred present-responsibility proceedings before the Army, Air Force, Navy, DLA, DHA, State, Justice, EPA, GSA, and USAID.

When the USAID Inspector General sought suspension of an international NGO over fraud schemes related to the Syria humanitarian crisis, our team conducted extensive in-region fact-finding, produced hundreds of thousands of documents, and strengthened the NGO's compliance program — clearing all allegations without any adverse action while peer organizations faced suspension.
Persuaded the Air Force Debarring Official to terminate a Show Cause proceeding by establishing that our client made no false statements and was presently responsible.
Persuaded the NASA Debarment Official to terminate a proposed debarment of a defense contractor over alleged SBIR fraud and to enter an administrative agreement under which we were approved to serve as the contractor's monitor.
Proactively prepared a Request for a Determination of Present Responsibility at the time of a False Claims Act settlement, preempting suspension or debarment proceedings entirely.

White Collar Defense

Our white collar practice is led by former prosecutors, including the former chief of the Fraud Division of the U.S. Attorney’s Office for the District of Columbia and of the Criminal Division of the U.S. Attorney’s Office for the Southern District of Texas. Beyond procurement and health care fraud, we have significant experience defending criminal antitrust, financial services, and environmental matters.

Negotiated a corporate Deferred Prosecution Agreement — and non-prosecution of all individuals — for a government contractor under investigation for alleged bid-rigging on an IDIQ contract.
Represented a government contractor and its CEO in a DOJ Antitrust Division grand jury investigation into alleged bid-rigging and price-fixing; after the Field Office recommended prosecution, presentations to Division leadership persuaded the government not to prosecute the CEO, and the company resolved the matter through a Deferred Prosecution Agreement.
Represented a foreign individual accused of front-running in the foreign exchange market, defeating attempts to extradite him to the United States.