Our litigators have well-deserved reputations for navigating novel, complex, and high-stakes disputes against government authorities and private parties.
We represent clients in rulemaking procedures and related actions against the Government under the Administrative Procedure Act (“APA”). The APA requires the Government to avoid taking actions that are “arbitrary or capricious” or otherwise violate the law. We are adept at using the APA as a powerful tool in shaping an agency’s regulations on the front end, and then challenging non-compliant agency actions on the back end.
We bring a unique, multidisciplinary approach to resolving claims with a track record of success that has yielded over $1+ billion in claims recovery—including a single award of $240+ million affirmed by the U.S. Court of Appeals for the Federal Circuit. We litigate before the Boards of Contract Appeals and at the U.S. Court of Federal Claims, as well, and often resolve claims through negotiation or mediation. Our attorneys have hundreds of trial days and oral argument.
Our defective pricing practice is led by David Bodenheimer, who has been recognized in Chambers USA as “an exceptional costs and pricing attorney who is terrific with clients” and “the top expert on defective pricing.”
We resolve employment disputes through negotiation, mediation, arbitration, and litigation when necessary. Such disputes can relate to terminations, non-compete and non-solicitation agreements, and theft of intellectual property.
Our multidisciplinary team has successfully navigated hundreds of civil, criminal, congressional, and administrative False Claims Act cases and investigations. Our experience shows that defense strategies are not “one size fits all.” Rather, they should be tailored to each circumstance and each client’s definition of success – factoring in the factual record, business interests and priorities, likelihood of ancillary proceedings such as suspension/debarment or shareholder suits, availability of insurance coverage, and other relevant considerations. Our unique approach to these matters enables us to identify and evaluate the options that would allow our clients most likely to achieve success.
We assist Stafford Act Public Assistance grantees and/or their contractors in appealing FEMA decisions regarding 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.
We have successfully represented companies and individuals in connection with U.S. Department of Justice and Securities and Exchange Commission investigations of FCPA violations.
Intellectual property is the lifeblood of many contractors, and, at the same time, their government customers are often the most egregious in stealing that IP. We help contractors protect intellectual property rights through standard contracts, End-User-License-Agreements, Master Subscription Agreements, internal guidance on marking requirements, and enforcement actions against the government and competitors. We counsel organizations on best practices for protecting its intellectual property and data when working with a government-client and represents organizations to enforce or protect these rights.
Contractors often have conflicts over teaming agreements, revenue sharing agreements, and performance and payment problems. We seek to negotiate resolutions without litigation when possible, but also regularly litigate and arbitrate disputes when necessary.
Whistleblowers often file retaliation claims, sometimes in connection with a qui tam suit brought under the False Claims Act. We have the experience and perspective to recognize that such claims are not merely employment matters and should be handled with the underlying fraud allegations in mind. Moreover, a retaliation claim can be quite beneficial in helping to resolve False Claims Act allegations.
Our white collar defense practice is led by former prosecutors, including the former chief of the Fraud Division of the U.S. Attorney’s Office for DC and the Criminal Division of the U.S. Attorney’s Office for the Southern District of Texas. In addition to defending criminal procurement fraud and health care fraud matters, we have significant experience defending clients in criminal antitrust, financial services, and environmental matters.
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