Government Contracts

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False Claims Act 2023 Year-End Update

Our lawyers provide a year-end update on the False Claims Act (FCA), including significant enforcement developments.

Client Alert | March 4, 2024

Lindsay Paulin Named a 2023 D.C. Rising Star

The National Law Journal named Lindsay Paulin among its 2023 D.C. Rising Stars, featuring 40 attorneys “who have wielded influence in their practice areas in the D.C. area and beyond.” 

Firm News | October 27, 2023

Webcast: False Claims Act Hot Topics – Cybersecurity, Government Contracting, and Technology Companies

Please join us to discuss developments in the False Claims Act, including the latest trends in FCA enforcement actions and associated litigation affecting government contractors, including technology companies.

Webcasts | September 27, 2023

Federal Court Extends Students for Fair Admissions to Invalidate Use of Certain Racial Preferences in Government Contracting

Our lawyers discuss a federal court extending Students for Fair Admissions to invalidate the use of certain racial preferences in government contracting.

Client Alert | July 25, 2023

2022 Year-End False Claims Act Update

Our lawyers review the past year in False Claims Act activities.

Client Alert | February 8, 2023

COFC Dismissal of Boeing’s Challenge to the Application of FAR 30.606 to its Contracts Yet Again Leaves Unresolved the Issue of Combining the Cost Impact of Multiple Changes in Cost Accounting Practice

Los Angeles partner Dhananjay Manthripragada is the author of "COFC Dismissal of Boeing’s Challenge to the Application of FAR 30.606 to its Contracts Yet Again Leaves Unresolved the Issue of Combining the Cost Impact of Multiple Changes in Cost Accounting Practice," published by The Government Contractor on November 9, 2022.

Article | November 15, 2022

Proposed Amendment to Federal Acquisition Regulation Would Require Contractors to Disclose Greenhouse Gas Emissions, Emissions Reduction Targets, and Climate-Based Financial Risks

Gibson Dunn lawyers provide context to recent proposed climate-focused rule changes that would impact certain Federal contractors.

Client Alert | November 15, 2022

Senators’ Call for Increased DOJ Use of Suspension and Debarment Could Impact False Claims Act Investigations and Resolutions

In an August 11, 2022 letter to the Department of Justice, Senators Elizabeth Warren (D-Mass) and Ben Ray Lujan (D-N.M.) signaled renewed congressional interest in the Government’s right to suspend or debar government contractors and federal financial assistance recipients from obtaining new business, and pressed for DOJ to boost its use of this administrative remedy in connection with its prosecution of criminal or fraud cases.

Client Alert | August 31, 2022

OFCCP Guidance on Privilege Assertions Over Pay Equity Audit Materials

Since President Biden took office in January 2021, employers’ compensation and nondiscrimination practices have been under increasing scrutiny by the federal government. 

Client Alert | April 12, 2022

Recent Settlement Indicates Donations by Healthcare Entities Could Be Subject to Increased DOJ Scrutiny

On February 14, 2022, the Department of Justice and U.S. Attorney’s Office for the Middle District of Florida announced they had reached a $5.5 million settlement with NCH Healthcare System to resolve common law claims arising from NCH’s donations to local government entities—payments that the government alleged were used improperly to fund Florida’s share of Medicaid payments made to NCH.

Client Alert | March 7, 2022

Gibson Dunn Promotes 27 Lawyers to Partnership

Gibson, Dunn & Crutcher LLP is pleased to announce that the firm has elected 27 new partners, effective January 1, 2022. 

Press Releases | November 4, 2021

Two Who’s Who Legal 2021 Guides Recognize Five Gibson Dunn Partners

Five Gibson Dunn partners were recognized in Who’s Who Legal 2021 Environment and Who’s Who Legal 2021 Government guides.

Firm News | September 30, 2021

White House Task Force Announces New COVID Safety Protocols for Federal Contractors

On September 24, 2021, the White House’s “Safer Federal Workforce Task Force” issued new guidance regarding vaccination requirements and other COVID-safety measures for federal contractor employees.

Client Alert | September 26, 2021

President Biden Announces COVID-19 Vaccine Mandates, with Legal Challenges Likely to Follow

On September 9, 2021, President Biden announced several initiatives regarding COVID-19 vaccine requirements for U.S. employers. This alert provides a brief overview of the content and timing of the principal initiatives, and previews certain objections likely to be raised in legal challenges that some governors and others have said they will file.

Client Alert | September 10, 2021

President Biden Issues Executive Order to Enhance U.S. Cybersecurity in the Wake of Major Cyber Incidents

Following two major cybersecurity events, President Biden issued a sweeping Executive Order on May 12, 2021, reinforcing his commitment that fighting cyberattacks is “a top priority and essential to national and economic security.”  The executive action is the latest of the Administration’s efforts on “prevention, detection, assessment, and remediation of cyber incidents,” coming on the heels of the Colonial Pipeline ransomware attack, and just a few months after the SolarWinds breach.

Client Alert | May 18, 2021

Aerospace and Related Technologies Update – Spring 2021

This April 2021 edition of Gibson Dunn’s Aerospace and Related Technologies Update discusses newsworthy developments, trends, and key decisions from 2020 and early 2021 that are of interest to companies in the aerospace, space, defense, satellite, and drone sectors as well as the financial, technological, and other institutions that support them.

Client Alert | April 20, 2021

2020 Year-End False Claims Act Update

Looking back on the incredible year that was 2020, some observers of the False Claims Act enforcement space may note that the year’s FCA recoveries were the lowest they have been in twelve years, but the most important takeaway for those who deal in government funds is this: the government opened the most new FCA investigations ever in 2020.

Client Alert | January 27, 2021

Executive Order on Combating Race and Sex Stereotyping

On September 22, 2020, President Trump issued an Executive Order “On Combating Race and Sex Stereotyping," which prohibits government contractors from including certain so-called “divisive concepts” in employee workplace training.

Client Alert | October 1, 2020

The Defense Production Act and COVID-19: What Industry Needs to Know

On March 18, 2020, President Trump announced that he was invoking the Defense Production Act (DPA) in order to allow the administration to marshal American industry to prioritize production of medical supplies and pharmaceuticals that are in short supply to fight the coronavirus pandemic.

Client Alert | March 19, 2020

Nine Gibson Dunn Partners Named as Thought Leaders in Construction and Competition by Who’s Who Legal

Who’s Who Legal named nine Gibson Dunn partners Thought Leaders in their respective fields. Washington, D.C. partner Joseph West was recognized for Construction.

Firm News | January 30, 2020

Who’s Who Legal Practice Guides Recognize Six Gibson Dunn Attorneys in Capital Markets, Government Contracts, and Environment in 2019

Six Gibson Dunn attorneys were recognized by Who’s Who Legal in their respective fields. The Who’s Who Legal Capital Markets 2019 guide recognized Dallas partner Douglas Rayburn.

Firm News | November 6, 2019

2019 Mid-Year False Claims Act Update

Gibson Dunn lawyers review False Claims Act enforcement activity and litigation during the first half of 2019.

Client Alert | July 16, 2019

2018 Year-End Government Contracts Litigation Update

In this year-end analysis of government contracts litigation, Gibson Dunn examines trends and summarizes key decisions of interest to government contractors from the second half of 2018.

Client Alert | February 14, 2019

The Most Notable Government Contract Cost and Pricing Decisions of 2018

Washington, D.C. partner Karen Manos is the author of "The Most Notable Government Contract Cost and Pricing Decisions of 2018," [PDF] published in Thomson Reuters’ The Government Contractor on January 9, 2019.

Publications | January 9, 2019

Five Gibson Dunn Attorneys Named Among Washingtonian Magazine’s 2018 Top Lawyers

Washingtonian magazine named five DC partners to its 2018 Top Lawyers, featuring “[t]he area’s star legal talent” in their respective practice areas:

Firm News | November 29, 2018

2018 Mid-Year Government Contracts Litigation Update

In this mid-year analysis of government contracts litigation, Gibson Dunn examines trends and summarizes key decisions of interest to government contractors from the first half of 2018.

Client Alert | July 30, 2018

2018 Mid-Year FCPA Update

The steady clip of Foreign Corrupt Practices Act ("FCPA") prosecutions set in 2017 has continued apace into the first half of 2018, largely quieting any questions of enforcement of this important statute under the current Administration.

Client Alert | July 9, 2018

Acting Associate AG Panuccio Highlights DOJ’s False Claims Act Enforcement Reform Efforts

On June 14, 2018, Acting Associate Attorney General Jesse Panuccio gave remarks highlighting recent enforcement activity and policy initiatives by the Department of Justice ("DOJ").

Client Alert | June 20, 2018

Aerospace and Related Technologies – Key Developments in 2017 and Early 2018

This March 2018 edition of Gibson Dunn's Aerospace and Related Technologies Update discusses newsworthy developments, trends, and key decisions from 2017 and early 2018 that are of interest to aerospace and defense, satellite, and drone companies; and new market entrants in the commercial space and related technology sectors, including the private equity and other financial institutions that support and enable their growth.

Client Alert | March 16, 2018

DOJ Policy Statements Signal Changes in False Claims Act Enforcement

The Department of Justice issued two internal memoranda in January 2018 that, taken together, reflect the Trump Administration's first significant policy statements on False Claims Act (FCA) enforcement.

Client Alert | February 6, 2018

Compliance – Was ist das eigentlich?

Munich partner Mark Zimmer is the author of "Compliance – Was ist das eigentlich?," [PDF] published in the February 2018 issue of the German publication BWV (Bundesverwehrverwaltung).

Article | February 1, 2018

The Most Important Government Contract Cost and Pricing Decisions of 2017

Washington, D.C. partner Karen Manos is the author of "The Most Important Government Contract Cost and Pricing Decisions of 2017," [PDF] published in Thomson Reuters' The Government Contractor on January 24, 2018.

Article | January 24, 2018

2017 Year-End Government Contracts Update

In this year-end analysis of government contracts litigation, Gibson Dunn examines trends and summarizes key decisions of interest to government contractors from the second half of 2017.

Client Alert | January 16, 2018

Domaine public : Le Conseil d’État précise les conditions dans lesquelles une promesse de vente de biens relevant du domaine public pouvait être régulièrement conclue avant l’entrée en vigueur de l’article L. 3112-4 du CGPPP et indique que la réduction significative du périmètre d’une concession de service public en constitue une modification substantielle, en tant que telle illégale

Paris senior associate Grégory Marson is the author of “Domaine public : Le Conseil d’État précise les conditions dans lesquelles une promesse de vente de biens relevant du domaine public pouvait être régulièrement conclue avant l’entrée en vigueur de l’article L.

Article | November 15, 2017

Webcast: 2017 Mid-Year Update: The False Claims Act and Government Contractors (defense, technology, and others)

​The False Claims Act (FCA) is well-known as one of the most powerful tools in the government's arsenal to combat fraud, waste and abuse anywhere government funds are implicated.

Webcasts | August 9, 2017

2017 Mid-Year Government Contracts Litigation Update

In this mid-year check-in on government contracts litigation, Gibson Dunn examines trends and summarizes key decisions of interest to government contractors from the first half of 2017.  This publication covers the waterfront of the most important opinions issued by the U.S.

Client Alert | July 24, 2017

2016 Year-End Government Contracts Litigation Update

In this Government Contracts Litigation Update, Gibson Dunn examines trends and summarizes key decisions of interest to government contractors from the second half of 2016.

Client Alert | February 2, 2017

2016 Year-End False Claims Act Update

I. INTRODUCTION What a year. With two Supreme Court decisions and nearly $5 billion in recoveries (among other interesting entries) in 2016's now-closed books, we can say with certainty that 2016 delivered plenty of False Claims Act ("FCA") headlines.

Client Alert | January 5, 2017

Webcast: Addressing the Unique Aspects of Defense Industry M&A

Defense industry transactions present dealmakers with a unique set of hurdles, from diligencing top secret programs, to novating massive government contracts, to addressing the risks of doing business in far flung and dangerous jurisdictions like Iraq or Afghanistan.

Webcasts | November 14, 2016

New Cybersecurity Requirements for Defense Contractors Take Effect

On November 3, 2016, a new final rule from the Department of Defense (DoD) will take effect, requiring covered contractors and subcontractors to report a broad range of cyber incidents within 72 hours.

Client Alert | October 31, 2016

Federal District Court Enjoins Enforcement of Key Provisions of Executive Order 13673, Fair Pay and Safe Workplaces

A federal district court in Texas has granted a preliminary injunction enjoining implementation of key provisions of Executive Order 13673, Fair Pay and Safe Workplaces, and implementing regulations, which were scheduled to take effect today.  As drafted, the Executive Order and corresponding Federal Acquisition Regulation ("FAR") provision, 81 Fed.

Client Alert | October 25, 2016

2016 Mid-Year Government Contracts Litigation Update

In this Government Contracts Litigation Update, Gibson Dunn examines trends and summarizes key decisions of interest to government contractors during the first half of 2016.  This publication covers the waterfront of the most important opinions issued by the U.S.

Client Alert | August 1, 2016

2016 Mid-Year False Claims Act Update

Major changes -- that is how we would describe the developments in the first half of 2016 as related to the scope of liability and damages under the federal False Claims Act (FCA).

Client Alert | July 7, 2016

Know Your Cost Regulations: The Organization Costs Cost Principle

​Washington, D.C. partner Karen Manos is the author of "Know Your Cost Regulations: The Organization Costs Cost Principle" [PDF] published in the May 2016 issue of Government Contract Costs, Pricing & Accounting Report.

Article | May 31, 2016

2015 Year-End Government Contracts Litigation Update

In this Government Contracts Litigation Update, Gibson Dunn examines trends and summarizes key decisions of interest to government contractors during the second half of 2015.  This publication covers the waterfront of the most important opinions issued by the U.S.

Client Alert | January 19, 2016

2015 Year-End False Claims Act Update

A bit less, but no less impressive--that is how we would characterize False Claims Act enforcement in 2015. This past year, the federal government recovered approximately $3.6 billion in either settlements or judgments in cases brought under the False Claims Act ("FCA" or the "Act").

Client Alert | January 6, 2016

2015 Year-End Update on Corporate Non-Prosecution Agreements (NPAs) and Deferred Prosecution Agreements (DPAs)

2015 was a blockbuster year in corporate non-prosecution agreements ("NPA") and deferred prosecution agreements ("DPA"), by sheer numbers alone. Skyrocketing to 100, in 2015 the number of agreements more than doubled the numbers in every prior year since 2000, when Gibson Dunn first began tracking NPA and DPA data.

Client Alert | January 5, 2016

2015 Year-End FCPA Update

​As we kick off our second decade of updates on the state of play in international anti-corruption enforcement, the stakes for multinational companies have never been higher.

Client Alert | January 4, 2016

Serious Fraud Office v Standard Bank Plc: Deferred Prosecution Agreement

UK SFO enters into its first DPA and unveils its first enforcement of the corporate offence of failure to prevent bribery In a judgment of November 30, 2015 in Serious Fraud Office v Standard Bank Plc: Deferred Prosecution Agreement (Case No: U20150854), the Crown Court has approved the United Kingdom's first deferred prosecution agreement (the "Standard Bank DPA") under the regime for DPAs brought into effect in the UK by section 45 and Schedule 17 of the Crime and Courts Act 2013.

Client Alert | December 3, 2015

2015 Mid-Year FCPA Update: Part 1

​Washington, D.C. partners F. Joseph Warin, John W.F. Chesley and associate Stephanie Connor are authors of "2015 Mid-Year FCPA Update (Part 1)" published on August 17, 2015 by Westlaw Journal's Government Contract.  The article is the first installment of a two-part series providing an overview of the FCPA as well as domestic anti-corruption enforcement, litigation, and policy developments in the first half of 2015.

Article | August 17, 2015