Government Contracts

• Lead counsel for Oracle Corporation 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.
• BAE Systems in successful US Government Accountability Office (GAO) protest of the US$4 billion C-130 AMP contract to the Boeing Company. BAE Systems filed its protest in the wake of the conviction of a high level Air Force official, who pled guilty to a criminal conflict of interest violation
• BAE Systems in successful GAO protest of the award of a series of contracts potentially worth US$20 billion for computer equipment and services. Awardees included IBM, Lockheed Martin, and General Dynamics
• 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
• 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
• Advised multiple private equity firms in connection with acquisitions of government contractors
• Large pharmaceutical companies in avoiding suspension and debarment by the Department of Veterans Affairs arising out of guilty pleas to criminal antitrust violations
• Large defense company in DOJ and SEC investigations of alleged overseas bribery scheme. After initial investigation, both agencies dropped their cases
• Represented 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.

 

White Collar Defense

• Large defense company in an internal investigation of one of the first Sarbanes Oxley whistleblower cases, which included alleged violations of the FCPA.  The US Department of Labor found that there was no probable cause to believe that a violation occurred.
• Large defense company in an internal investigation leading to a voluntary disclosure of a possible FCPA violation.  DOJ declined to take enforcement action.
• Large defense company in an internal investigation leading to a voluntary disclosure of a possible FCPA violation to the SEC and the DOJ. The agencies declined to take enforcement action.
• Company employee in grand jury investigation of government contract billing practices
• Large defense company in an internal investigation of possible FCPA violation in Saudi Arabia.
• Large US multinational corporation in a series of internal investigations of possible FCPA violations in Latin America.
• Large defense company in an internal investigation of possible FCPA violations arising in Austria.
• Large defense company in an internal investigation of possible FCPA violations in Africa.
• Large retailer in allegations of environmental law violations arising from underground storage tanks.
• Large pharmaceutical company in preparation of FCPA compliance program.

 

Congressional Investigations

• Represented a drug company in connection with a Congressional investigation of drug pricing
• Represented a non profit hospital in connection with a Congressional investigation of it practices in connection with noninsured patients
• Advise government contractors and other companies with respect to US ethics requirements, including Byrd Act compliance
• Represented government contractors with respect to lobbying for legislation
• Represented large Mexican company in connection with lobbying for approval of the North American Free Trade Agreement
• Represented multiple foreign governments in connection with negotiations for a Free Trade Agreement, including passage of implementing legislation

 

FDA/Healthcare

• Hoffmann La-Roche 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.
• Large pharmaceutical company in a 19-state Attorney General investigation against allegations that the company made false advertising claims in connection with a product with annual sales in excess of US$1 billion. Negotiated favorable settlement of the dispute.
• Large pharmaceutical company in state qui tam action alleging violations of the Medicaid Rebate Statute in which the state Attorney General intervened.
• Generic drug company in Congressional investigation of drug pricing practices. 
• Large pharmaceutical companies in avoiding suspension and debarment by the Department of Veterans Affairs arising out of guilty pleas to criminal antitrust violations.
• Large pharmaceutical company in developing a Foreign Corrupt Practices Act compliance program.
• Large pharmaceutical company in developing due diligence program for retention of foreign agents.
• Large pharmaceutical company in negotiating a Federal Supply Schedule contract.

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