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Government Contracts & Regulated Industries

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Sheppard Mullin provides a full range of legal services to clients that do business with governmental entities.  We advise clients on complying with complex government regulations and defending them in the event of litigation.  We specialize in handling government contract disputes, bid protests, claims and defending individuals and corporations in a wide range of administrative, civil and criminal proceedings, including fraud investigations and whistle blower lawsuits.  Sheppard Mullin also has the ability to serve clients in such areas as legislative advocacy, public relations and other related fields.  Recently, Chambers & Partners' 2006 annual guide to America's leading business lawyers recognized the Government Contracts practice on a national level.

Our attorneys have represented clients in proceedings before the federal courts, including the Court of Federal Claims; a broad array of administrative tribunals, including the GAO and ASBCA; federal agencies such as the DOD, EPA, DOE, GSA, DOT and CFIUS; state courts; and state, regional and local agencies such as California's Coastal, Energy and Public Utilities Commissions, to name only a few.  Sheppard Mullin serves a broad base of clients in the aerospace & defense, high technologies, electronics, healthcare, transportation, power and utilities industries.  Although we typically litigate before federal district courts, the Court of Federal Claims and Boards of Contract Appeals, we have also represented clients before the full spectrum of both federal and state agencies and departments.

Specialized False Claims Litigation

Sheppard Mullin has developed special expertise and has received national recognition for handling qui tam False Claims Act ("FCA") matters.  The FCA continues to be one of the most heavily litigated areas in federal and state courts.  These matters are complex, requiring a high level of expertise and specialization.  Sheppard Mullin's attorneys are among the nation's leading qui tam FCA specialists, with strong ties to top tier government contractors.  Sheppard Mullin has substantial trial experience including the successful defense of two FCA actions in federal district court, where the Justice Department prosecuted the cases.  We have experience defending FCA cases pertaining to a wide variety of government contract issues such as defective parts or products, false tests and inspections or certifications, labor and material mischarging, product substitution, defective pricing and nonconformance to contract specifications.

Other Contract Disputes, Advice and Counsel

Sheppard Mullin provides day-to-day counseling to corporations relating to a myriad of government contract issues.  We advise clients and handle contract disputes in the following areas:

  • Federal and state procurement
  • Contract claims and terminations
  • Prime and subcontractor disputes
  • Compliance programs
  • Internal investigations
  • Government and internal audits
  • Voluntary or self disclosures
  • Bid protests
  • Debarment and suspension proceedings
  • Cost accounting standards
  • Quality assurance programs

We advise clients on joint venture and teaming arrangements, as well as in the formation of performance and subcontractor agreements.  We assist in developing bids and proposals that adhere to government requirements and standards, as well as in protesting contract awards before tribunals and the traditional court system.  We also have substantial experience in handling sensitive internal investigations related to possible violations of federal statutes and regulations. 

Sheppard Mullin counsels clients that do business in industries that are closely regulated by the government, such as aerospace and defense, high technologies, healthcare, pharmaceutical, biotech, electronics, utilities, financial services, transportation and research corporations, among others.  We also have experience representing these entities in administrative and judicial challenges to federal and state agency decisions, rule making and investigations.

Foreign Corrupt Practices Act ("FCPA")

Sheppard Mullin attorneys advise domestic and foreign businesses and their agents on the scope of U.S. laws that govern commerce to and from the United States, including the FCPA. The FCPA makes it illegal for commercial enterprises or individuals representing such entities to offer, promise to pay, direct or authorize another individual to pay money or anything of value to a foreign government official for the purpose of expanding or maintaining their commercial interests.

Our attorneys advise clients on the full range of issues implicated by the FCPA and related rules covering the payment of fees to sales agents.  Our expertise has ranged from legal advice on bribery, record keeping and accounting practices to defending alleged FCPA violations.

Export Controls

U.S. agencies have increased enforcement actions over the last several years, with particular emphasis on violations of U.S. regulations barring the unauthorized export (and re-export) of items of the Munitions List and technical data and defense services to non-U.S. persons.  We have also observed increased attention paid to the anti-boycott and embargo regulations, as well as the laws governing the retention of foreign sales agents. 

Sheppard Mullin advises both U.S. and foreign clients on all of these new challenges resulting from increased national security.  We advise on the wide range of compliance and enforcement issues relating to the export and re-export regulations administered by the Departments of Commerce and State, as well as the economic sanctions rules of the Treasury Department.  Our export controls expertise ranges from complex export licensing issues to trade embargoes, to advice and representation of companies employing foreign sales agents.

Corporate Compliance Programs

Our attorneys are experts in conducting assessments of corporate compliance programs intended to satisfy applicable statutory and regulatory requirements.  Sheppard Mullin has years of experience in the design, development, establishment and implementation of corporate compliance plans.  These plans have become an integral part of numerous government related industries including defense, financial institutions and healthcare, to name only a few.

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