Praised for his unique and broad skillset, David Hibey is a first chair trial and appellate attorney whose practice encompasses a wide range of white collar, government contract, and general litigation disciplines. David represents corporate clients in government investigations before the Department of Justice (DOJ), Congress, and Securities and Exchange Commission (SEC), and government contractors in litigation and counseling matters. He leverages his extensive experience as a former Trial Attorney for the DOJ to help clients understand the key issues and investigate matters strategically.
David represents corporations and individuals under investigation for conduct relating to criminal violations of antitrust, securities, pharmaceutical, transportation, and procurement laws, and works with his clients to limit the impact on their business. He has wide-ranging experience representing companies and corporate executives in high-profile congressional investigations and inquiries. David also represents defense contractors in bid protest matters and conducts all facets of False Claims Act (FCA) investigations concerning an array of contracting issues. He has appeared numerous times for oral arguments before the United States Court of Appeals for the Federal Circuit, the United States Court of Federal Claims, and the United States Court of International Trade.
As a trial attorney for the DOJ, David represented the United States as lead attorney in more than 60 cases before the United States Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims, and the U.S. Court of International Trade in suits brought by government contractors or government employees. David also has experience appearing before suspension and debarment officials at the Department of the Army.
Experience
- Major defense non-profit organization in a FCA investigation, including DCIS and CID subpoenas, arising out of alleged unallowable costs charged to government contracts (plus substantial penalties alleged for expressly unallowable costs) in a Defense Contract Audit Agency audit report. Successfully represented the client throughout the investigation and settled with the U.S. Attorney on a non-FCA basis for an amount that was a fraction of the unallowable costs alleged.
- Vice President of an electric utility company in connection with an ongoing public corruption investigation of the company by the U.S. DOJ and SEC and related civil litigation.
- Cygnacom Solutions as co-lead trial counsel in successful representation of a breach of contract, tortious interference, and civil conspiracy case regarding a subcontract for key infrastructure support and services for the State Department.
- Two key witnesses before the House Select Committee to Investigate the January 6th attack on the United States Capitol.
- CSRA Inc. in protest litigation regarding U.S. Marine Corps support services procurement.
- Japanese automobile parts manufacturer in coordinating and executing all aspects of the defense of a major DOJ antitrust investigation.
- Chicago-based pension fund in conducting investigation concerning allegations of procurement fraud; prepared final report for the fund's board of directors.
Perspectives
Credentials
- J.D., Georgetown University Law Center, 1998
- B.A., Georgetown University, 1994, cum laude
- District of Columbia
- U.S. District Court, District of Columbia
- U.S. Court of Federal Claims
- Trial Attorney, U.S. Department of Justice, Department of Commercial Litigation Branch