Overview

Emily Theriault is an associate in the Government Contracts, Investigations and International Trade Practice Group in the firm's Washington, D.C. office. 

Areas of Practice:

Emily’s practice includes Contract Disputes Act litigation before the Court of Federal Claims; False Claims Act litigation before the U.S. District Courts; bid protests before the U.S. 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.

Experience

Experience

Representative Government Contracts Investigations

Emily often handled matters involving government contracts investigations, Office of Inspector General subpoena responses and 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

Emily counsels 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; and
  • researching government contracts questions related to statutes and regulations.

Government Contracts Litigation & Bid Protests

Emily represents contractors before the U.S. District Courts as well as the Court of Federal Claims. She also represents 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 multi-billion dollar False Claims Act qui tam lawsuit. She assisted with researching case law, interviewing and deposing witnesses and drafting motions. The company obtained a complete victory on summary judgment.

Insights

Media Mentions

  • Administration Imposes Sweeping Limits on Federal Actions Against Companies
    The New York Times, 02.10.2018

Memberships

Memberships

Member, State Bar of Virginia

Member, Bar of the District of Columbia

U.S. Supreme Court

U.S. Court of Federal Claims

U.S. Court of Appeals for the Federal Circuit

U.S. District Court for the District of Columbia

Executive Mentee, ABA Section of Public Contract Law

Member, Publications Board, ABA Section of Public Contract Law

Education

J.D., George Washington University Law School, 2013, with high honors, The George Washington Law Review

B.A., Middlebury College, 2007, magna cum laude

Clerkships

  • Intern to the Honorable William K. Sessions, III, of the U.S. District Court for the District of Vermont

Admissions

  • District of Columbia
  • Virginia
  • U.S. Supreme Court
  • U.S. Court of Federal Claims
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the District of Columbia
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