Michael Bhargava

Michael Bhargava’s practice focuses on complex commercial litigation for government contractors, including False Claims Act and FCPA litigation, claims, bid protests, data security and privacy claims, defamation and First Amendment matters, immigration proceedings, and regulatory agency enforcement matters. Michael also has broad appellate experience, having handled numerous appeals, petitions for certiorari, and amicus briefs.

Michael also has substantial experience in a broad range of government and internal investigations, including investigations related to procurement fraud and health care fraud, the FCPA, data security and privacy, financial fraud, market manipulation, and consumer product safety. He has handled investigations by the Department of Justice, Federal Trade Commission, Federal Energy Regulatory Commission, Consumer Product Safety Commission, state Attorneys General, and Congress, among others.

Education

• JD, Order of the Coif, University of California, Berkeley, 2006
• Ph.D, Duke University, 2000
• MA, Duke University, 1996
• AB, Stanford University, 1992

Bar and Court Admissions

• District of Columbia Bar
• California Bar
• U.S. District Court for the District of Columbia
• U.S. District Court for the District of Maryland
• U.S. District Court for the District of Columbia
• U.S. District Court for the Northern District of California
• U.S. District Court for the District of Massachusetts
• U.S. Court of Appeals for the District of Columbia Circuit
• U.S. Court of Appeals for the Second Circuit
• U.S. Court of Appeals for the Eleventh Circuit
• Superior Court of the District of Columbia

Accolades

• Super Lawyers – Rising Star, Thomson Reuters, 2014 – 2016

• Commercial litigation
• False Claims Act and FCPA litigation
• Administrative Procedure Act litigation Claim
• Bid protests
• Data security and privacy claims
• Defamation and First Amendment matters
• Immigration proceedings
• Regulatory agency enforcement matters

• Defended False Claims Act suits and investigations involving government contractors in the defense and health care industries, as well as counseled clients regarding potential False Claims Act liability
• Successfully represented defense manufacturer in $1.5 billion False Claims Act suit by obtaining dismissal of suit for spoliation issues during discovery
• Represented construction company in Miller Act and construction delay claims related to the construction of military barracks
• Represented consortium of student loan administrators in Administrative Procedure Act litigation against Department of Education
• Successfully represented major Silicon Valley company in investigations by Congress, Federal Trade Commissions, and multiple state Attorneys General regarding alleged data security and privacy violations; all investigations were closed with no penalties
• Represented government contractors in bid protests before Government Accountability Office
• Represented foreign sovereign in multi-jurisdictional dispute in dozens of proceedings over recognition and enforcement of fraudulently obtained arbitral award of more than $500 million
• Represented aerospace company in lawsuit over acquisition of a satellite communications company; succeeded in obtaining a multi-million-dollar verdict after a 17-day trial before Judge Rakoff in the Southern District of New York
• Represented major energy company in proceedings before Federal Energy Regulatory Commission and state court proceedings regarding electricity market trading
• Advised various clients – including major international airline and foreign law firm – on potential defamation claims under U.S. law arising from the publication of false and misleading statements that unfairly harm the reputations of individuals, businesses, and products
• Represented major international shipping conglomerate in defamation lawsuit involving national security concerns in Southern District of New York
• Successfully obtained asylum for Nigerian family pro bono through first-chair trial in immigration court; successfully obtained permanent residence pro bono for Ukrainian mother and child under the Violence Against Women Act; represented Guantanamo detainee first-chair in asylum proceedings in federal district court
• Represented a major pharmaceutical company in successful antitrust litigation
• Represented various companies before the Consumer Product Safety Commission
• Represented prominent creditor in City of Detroit bankruptcy proceedings
• Represented major computer company in trade secret, copyright, and patent litigation against a competitor

• How effective are bid protests at obtaining relief? Greater than 50%, according to GAO (Nov 10, 2022) Co-authors Robert Nichols, Michael Bhargava, and Madison Plummer
• Hacks, Attacks, And Compliance Tracks: The Importance Of Safeguarding Government And Client Data (Oct 7, 2022) Co-authors Michael Bhargava, and Madison Plummer
• Cyber Risks: DoD To Strictly Enforce Cybersecurity Regulations (July 21, 2022) Co-authors Robert Nichols, Alan Chvotkin, Michael Bhargava, and Madison Plummer