WilmerHale offers one of the premier government contract investigations and litigation practices in the nation.
WilmerHale has a premier practice in the area of government contract litigation, investigations and protests, offering significant depth and experience to government contractors and other clients doing business with the Federal government. Our team draws from the skills and experience of one of the most prominent regulatory practices in the country, with more than 100 lawyers who previously served in senior government positions, and many other lawyers with decades of experience with government contract-related controversies. WilmerHale blends the capabilities of these subject matter experts with a team of litigation and investigations lawyers who have handled some of the most complex and notable government contract-related investigations in recent years.
An American Lawyer "A-List” law firm recognized as a Top 20 firm in a recent survey of 240 general counsels across the nation, WilmerHale relies on the unique experiences of lawyers who were directly responsible for the litigation and settlement of major contract claims and protests during periods of previous government service. Anchored by a former Deputy Attorney General of the United States (who also served as General Counsel of the Department of Defense (DOD)), a former Deputy General Counsel of the DOD and the former senior civilian attorney in the US Air Force’s (USAF) Materiel Command, the WilmerHale team provides superior counseling across the full spectrum of government contract-related controversies.
We Resolve a Wide Range of Disputes Arising in the Pursuit or Performance of Government Contracts.
With 89 WilmerHale lawyers named in the 2012 edition of Best Lawyers in America—including Jamie Gorelick’s selection in the area of "Bet-the-Company Litigation”— defense contractors and other federal government contractors have turned to WilmerHale for assistance with the most difficult government contracting problems involving dozens of federal agencies and departments. Recently, we assisted clients resolve disputes with the Department of Defense, Department of Justice (DOJ), Department of Homeland Security, General Services Administration (GSA), and the various military departments, among others. In each instance, our seasoned lawyers pursued comprehensive, administrative resolutions that reduced the risk of suspension and debarment and otherwise minimized any potential collateral impact.
WilmerHale provides superior knowledge across a wide range of issues inherent to government contracting. We advise clients on a host of ethics and compliance issues, including ethics in hiring, competitor proprietary data issues under the Procurement Integrity Act, gifts and gratuities, false certifications and false claims, the Anti-Kickback Act, and the Foreign Corrupt Practices Act (FCPA). We also assist with defective pricing, product warranties, quality assurance and testing requirements, domestic manufacturing statutes (including both the Buy American Act and the Trade Agreements Act), terminations for convenience and default, export control, environmental remediation, GSA schedule obligations (including most-favored customer and price-adjustment clauses), audit obligations, and small business issues. Our team also handles challenges involving improprieties in the award process, organizational conflicts of interest (OCI), intellectual property and data protection, technology transfer agreements, and industrial security issues.
WilmerHale’s Experienced Government Contract Litigators Handle Bid Protests, Claims, Court Litigation and Appeals with Equal Dexterity.
WilmerHale’s litigation engagements in the government contracts arena have ranged from basic government contract claims involving emerging companies to some of the most complex and prominent controversies involving the multi-billion dollar defense programs of our top-tier defense contractor clients. Known for being more than excellent counselors, WilmerHale lawyers are proven litigators. Our litigators have tried to verdict more than 110 complex civil cases since 2002. We have provided aggressive and creative advocacy across the broad spectrum of courts and forums where government contract disputes are litigated.
The Experience of WilmerHale’s Bid Protest Practice is Unsurpassed.
For more than two decades, WilmerHale has initiated and defended bid protests over RFP selection criteria and the choice of a contractor. Our team has grown stronger in 2011 with the addition of the attorney responsible for defending all USAF protests for more than 13 years. Having litigated more than 400 protests (with over 200 reported decisions), this attorney is one of the most experienced bid protest litigators in the country. The extensive experience of WilmerHale’s seasoned protest litigators, combined with the firm’s outstanding litigation department, provides a unique capability in the largest and most difficult protests.
In addition to bid protests, WilmerHale represents clients in mediations and other forms of alternative dispute resolution, government contract claims litigation in the US Court of Federal Claims and the Boards of Contract Appeals, and federal court litigation among defense and other contractors involving government contract-related issues. We litigate trial-level proceedings with a deep understanding of how the issues will be viewed by the Federal Circuit. When the litigation moves to the federal courts of appeals, including the critical Federal Circuit, few firms match WilmerHale's capabilities and experience. Led by a former Solicitor General of the United States and recognized in Chambers USA 2010 among the premier appellate departments in the nation, our seasoned appellate lawyers have argued more than 125 cases before the US Supreme Court, and regularly handle matters in federal and state appellate courts throughout the United States, including the representation of clients in more than 35 patent and other cases in the Federal Circuit in the last two years. The group was named to The National Law Journal’s Appellate Hot List in 2010 for the third consecutive year.
Our Investigations Practice Involving Allegations of Procurement Fraud and Other Forms of False Claims Is Unmatched.
WilmerHale has advised defense industry leaders and other government contractors on some of the most notable investigations involving allegations of procurement fraud or other alleged impropriety in government contracting, such as our assistance to The Boeing Company on matters pertaining to the USAF KC-767 Tanker Lease Program. We have conducted investigations involving civil fraud, export controls, conflicts of interest, domestic preference obligations, quality assurance and testing requirements, competitor proprietary data, and many other issues.
Our False Claims Act (FCA) experience is particularly notable. WilmerHale leverages the experience of former DOD and DOJ lawyers (including a dozen former prosecutors), who were directly responsible for the litigation, management and settlement of major FCA investigations and cases. By focusing on precedent-setting legal defenses, we have been able to obtain early dismissal or resolution of suits brought by qui tam plaintiffs and the government. And by conducting credible internal investigations and negotiating with the DOJ, we have helped clients to avoid criminal prosecution and to secure appropriate civil resolutions of parallel criminal, civil and administrative proceedings. For cases that go to trial, our courtroom advocates have tried and won FCA cases before juries.