Drew Harker concentrates his practice on government contracts, healthcare, construction, and white collar and other enforcement matters. He has served as lead attorney in bid protests, claims litigation, transactional, privatization, and enforcement matters, False Claims Act cases, and debarment and suspension proceedings. Mr. Harker also has worked closely with high technology companies, serving as in-house counsel for two years to a leading computer company during which time he advised on all aspects of its government contract business, including compliance, preparing and negotiating license agreements, teaming agreements, and subcontracts. He has advised healthcare and pharmaceutical companies in connection with federal drug pricing requirements, state attorneys general investigations and healthcare fraud, and abuse statutes and regulations.

Mr. Harker has extensive experience with advising companies on compliance with the Foreign Corrupt Practices Act (FCPA), including conducting internal FCPA investigations, representing clients before the US Securities and Exchange Commission (SEC) and US Department of Justice (DOJ) in connection with government enforcement investigations, and formulating FCPA compliance programs, including for the pharmaceutical industry. Mr. Harker has also advised clients in connection with US anti-boycott requirements. He is a past Co-Chair of the International Procurement Committee of the American Bar Association's International Law Section.

He has lectured and published articles on the Foreign Corrupt Practices Act, the Freedom of Information Act, international procurement, corporate compliance programs, ethics, and privatization. Mr. Harker served on the staff of the US Senate Armed Services Committee for five years, where he was responsible for arms cooperation, defense trade, and foreign military sales.

Experience

  • Oracle Corporation, as lead counsel, in defending an intervened qui tam False Claims Act litigation filed in the Eastern District of Virginia. Allegations were that Oracle failed to disclose commercial discounts in connection with award of a GSA Multiple Award Schedule contract and violated the contract's Price Reduction Clause. Developed novel argument that achieved dismissal of over half of the government's claims; remainder of case settled in advance of trial.
  • Bristol-Myers Squibb and Sanofi in multiple federal and state attorneys general actions alleging that certain promotional activities violated Federal and State False Claims Acts and consumer protection statutes. 
  • Aerospace and defense, financial services, large manufacturing, retail, and telecommunications companies, in multiple anti-corruption investigations which led to voluntary disclosures to the UK Serious Fraud Office, the US Securities and  Exchange Commission, and the US Department of Justice. Investigations involved allegations in the Middle East, Europe, Latin America, and Asia. Obtained declinations in each case.  
  • BAE Systems in defending protest in the GAO and the Court of Federal Claims against award to it of the Concepts and Operations for Space and Missile Defense Integration Capabilities Contract.
  • BAE Systems in connection with the government contract aspects of the acquisitions of United Defense Inc., Armor Holdings Inc., and Digitalnet Inc.

  • Overlook Systems Technologies Inc. in a two-week jury trial which arose out of a FAA procurement and also involved a bid protest to the Office of Dispute Resolution for Acquisition at the FAA. Case resulted in verdict and recovery for client and was then settled on favorable terms.
  • Hoffmann-LaRoche in a qui tam case brought by a competitor seeking US$6 billion in penalties and another US$300 million in single damages, making it one of the largest False Claims Act cases ever brought. Successfully obtained dismissal of the complaint.
  • Multiple private equity firms in connection with acquisitions of government contractors.
  • Large pharmaceutical companies in avoiding suspension and debarment by the US Department of Veterans Affairs arising out of guilty pleas to criminal antitrust violations.
  • Government contractor in resolution of qui tam case and breach of contract action involving dispute over charges for healthcare insurance costs under a cost reimbursement subcontract. Negotiated favorable settlement of the case, including reimbursement by the government to the client of all of the disputed costs.

Perspectives

DOJ Launches FCPA Enforcement Pilot Program to Encourage Voluntary Disclosure
Arnold & Porter Advisory
Global Anti-Corruption Insights: 2015 Year-End Review
FCPA News and Insights
DOJ's New Focus on Individuals in Civil and Criminal Litigation & The New Challenge in Personal Data Transfers from Europe

Retail Industry Leaders Association Compliance Council Meeting, Arlington, VA

Global Reach? Extraterritorial Application of US Criminal Law

Main Justice

Practice Tips: World Bank Anti-Corruption and Fraud Enforcement
Arnold & Porter Advisory
More

Recognition

Chambers USA: America's Leading Lawyers for Business 2007-2011 for Government Contracts

Credentials

Education
  • JD, Georgetown University Law Center, 1986, cum laude
  • MPA, Princeton University, 1981
  • BA, University of California, San Diego, 1979
Admissions
  • District of Columbia
  • Pennsylvania
  • US Court of Federal Claims
Government and Military Service
  • Professional Staff Member, US Senate Committee on Armed Services
Overview

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