Civil Litigation. Complex commercial litigation is a core strength of Gibson, Dunn & Crutcher LLP. Attorneys in our Group have many successful, challenging engagements to their credit. We have acted as lead counsel in federal and state litigation for such significant firms as Computer Sciences Corporation, Deloitte Consulting LLP, Hughes Electronics, ITT, Lockheed Martin, MCI, Mellon Bank, Northrop Grumman, SBC, Sprint and Ticketmaster. Our litigation experience includes matters tried before federal and state trial courts, the U.S. Court of Federal Claims, boards of contract appeals, and other administrative tribunals, and we have extensive experience in adjudication of complex matters through ADR.
Contract Award Controversies. The defense or prosecution of high-value bid protests at the federal, state, and local level is a strength on both coasts. Attorneys in our D.C. office have handled many complex bid protest proceedings before the Court of Federal Claims and the Government Accountability Office. Several of these cases have involved precedent-setting issues. On the West Coast, we successfully defended protests and writ actions challenging a $1 billion telecommunications procurement conducted by the State of California. In federal and state bid protest litigation, we have represented defense aerospace, civil aviation, information technology, civil space, professional service, and telecommunications companies.
Fraud Investigations and Litigation. Gibson Dunn attorneys have defended contractors in multiple actions filed under federal and state versions of the False Claims Act, as well as parallel Grand Jury proceedings, and numerous investigations conducted by the Department of Defense, Office of the Inspector General, the Department of Justice (DOJ) and other federal agencies. In the defense/aerospace industry, our attorneys have substantial experience with product quality and product substitution issues, allegations of cost mischarging, false time-keeping, defective pricing and improper estimating. Outside of the defense/aerospace industry, we have experience in the areas of health care, education, construction/public works, homeland security, trade, and finance. We have defended several qui tam actions in which the DOJ has intervened (including successful results in a matter the DOJ tried after intervening), as well cases where the Government did not intervene. Recently, group members working with others throughout the Firm were successful in convincing the DOJ to decline prosecution and the SEC to close its investigation in a matter that started with over 100 federal agents executing search warrants at 11 client facilities across the country.
Compliance and Investigations. Group members have conducted compliance reviews and internal investigations involving a wide variety of practices and systems, including kickbacks, procurement integrity, labor mischarging, MMAS, estimating systems, product substitution, gratuities, cost transfers, unauthorized access to classified or "procurement-sensitive" information, Foreign Corrupt Practices Act issues, improper certifications, cost accounting practices and systems, surplus parts certifications, Buy American Act compliance, and withholding of cost or pricing data. Our attorneys have advised on means to rectify inappropriate conduct with the aim of maintaining normal business relations with government customers and prime contractors. We have handled several voluntary disclosure matters in which there were government civil and criminal investigations, and have significant suspension and debarment experience.
Government Contract Claims. Our attorneys have extensive experience litigating claims and disputes relating to breach, directed changes, constructive changes, impossibility or impracticability of performance, defective specifications, latent defects and warranty, defective pricing, cost disallowances, Public Law 85-804 indemnification, and default and convenience termination claims. We regularly represent clients before the Armed Services Board of Contract Appeals and the Court of Federal Claims, and we often resolve claims through ADR. Gibson Dunn attorneys have also represented numerous contractors in prime/subcontractor disputes, and in disputes among joint venturers.
Government Contract Costs and Cost Accounting. Complementing our fraud and investigations work, Gibson Dunn has substantial experience in government contract issues involving contract costs and cost accounting. We have handled matters involving allegations of cost mischarging, false timekeeping, defective pricing, and improper estimating. Karen Manos, partner in the Washington, D.C. office, also has experience with bid protests, qui tam suits under the False Claims Act, cost allowability, the Cost Accounting Standards, executive compensation, and corporate compliance programs. She is the author of a two-volume book, Government Contract Costs & Pricing, published by Thomson-West in April 2004.