- J.D., George Washington University Law School, 2013, with high honors, The George Washington Law Review
- B.A., Middlebury College, 2007, magna cum laude
- Intern to the Honorable William K. Sessions, III, U.S. District Court for the District of Vermont
- District of Columbia
Emily Theriault is an associate in the Government Contracts, Investigations & International Trade Practice Group in the firm's Washington, D.C. office.
Areas of Practice:
Ms. Theriault’s practice includes Contract Disputes Act litigation before the Court of Federal Claims; False Claims Act litigation before the United States District Courts; bid protests before the United States Government Accountability Office and the Court of Federal Claims; internal investigations; and government contract counseling.
She counsels clients on compliance with federal procurement regulations, including FAR and DFARS provisions relating to the Contractor Code of Business Ethics and Conduct, the Trade Agreements Act, the Price Reductions Clause and commercial item contracting.
Government Contracts Investigations
Ms. Theriault has experience with government contracts investigations, Office of Inspector General subpoena responses, as well as mandatory and voluntary disclosures. Her experience includes investigations on the following topics:
- Price Reductions Clause
- Defective pricing
- False Claims Act
- Procurement Integrity Act
- Organizational Conflicts of Interest
Government Contracts Compliance
Ms. Theriault has counseled clients regarding compliance with federal procurement statutes and regulations. Her experience includes:
- Developing and implementing, as well as assessing and updating, government contracts compliance programs
- Drafting Contractor Codes of Business Ethics and Conduct
- Drafting government contracts policies, including policies addressing Organizational Conflicts of Interest; gifts, gratuities, bribes, and kickbacks; human trafficking; mandatory disclosure; non-retaliation; labor qualifications; procurement integrity; Foreign Military Financing; and truth in bidding and negotiations
- Training contractors on federal procurement compliance
- Researching government contracts questions related to statutes and regulations
Government Contracts Litigation & Bid Protests
Ms. Theriault has represented contractors before the United States District Courts as well as the Court of Federal Claims. She has also represented protesters and intervenors in numerous bid protests filed at the Government Accountability Office and Court of Federal Claims.
- Representative experience includes the defense of a large government contractor from a multibillion dollar False Claims Act qui tam lawsuit. Ms. Theriault assisted with researching case law, interviewing and deposing witnesses, and drafting motions. The company obtained a complete victory on summary judgment.
- Westlaw Journal, October 24, 2016
- Law360, July 1, 2015
Government Contracts and Investigations Blog Posts
- "While Protests and the Sustain Rate Decrease, the Effectiveness Rate Continues Its Upward Climb – A Brief Review of GAO’s FY 2017 Bid Protest Statistics," December 1, 2017
- "Cross Your Heart and Hope to Die – New DFARS Clauses Target Counterfeit Electronic Parts," September 22, 2016
- "DoD Proposes Cost Allowability Rule for Correcting Counterfeit Electronic Parts," April 25, 2016
- "Seventh Circuit Rejects FCA Implied False Certification Theory," June 23, 2015
- "SCOTUS: No Unlimited Suspension of the Statute of Limitations Under the False Claims Act; “First-to-File” Doctrine Does Not Bar Related Suits in Perpetuity," May 27, 2015
- "Suspensions and Debarments on the Rise – A Brief Review of the ISDC’s FY 2014 Stats," April 30, 2015
- "What’s New Out There? Highlights from the Federal Register," September 29, 2014
- Administration Imposes Sweeping Limits on Federal Actions Against CompaniesThe New York Times, February 10, 2018
- Virginia State Bar
- District of Columbia Bar
- U.S. Court of Federal Claims
- ABA Section of Public Contract Law, Young Lawyers Committee Vice-Chair
- ABA Section of Public Contract Law, Publications Board