Overview

John Chierichella is a partner in the Government Contracts, Investigations and International Trade Practice Group in the firm's Washington, D.C. office.

Areas of Practice

John's practice focuses on government contract matters, including claims and appeals, cost and CAS issues, compliance reviews and internal investigations, qui tam and other False Claims Act litigation, bid protests, teaming disputes and GSA's Multiple Award Schedule (MAS) Program. 

John has been nationally recognized by Chambers & Partners, Legal 500, and most recently by Who's Who Legal, noting that he "is one of the most instantly recognizable names in government contracts law."

John is a prolific author and frequent lecturer, and co-authored the leading book on the MAS Program. He also served as attorney/adviser to the Secretary, Office of the General Counsel, Department of the Air Force, in the area of procurement law from 1973 to 1975.

Experience

Experience

Litigation Experience

  • Litigation of contract claims and counterclaims in the Court of Federal Claims against the U.S. Postal Service
  • Litigation of claims relating to restructuring costs under CAS 406
  • Litigation of claims against HHS on behalf of a service-disabled small business
  • Litigation relating to costs arising from storm damage incurred by Hurricane Katrina
  • Litigation of alleged false claims brought by former employee/qui tam relator relating to accounting for vacation and holiday time
  • Litigation of alleged false claims brought by former employee/qui tam relator relating to accounting for various indirect costs, including independent research and development (IR&D), manufacturing and production engineering, selling costs and long-range economic planning
  • Litigation of alleged false claims relating to design, development and production of classified microelectronic circuits
  • Litigation with respect to expressly unallowable costs
  • Litigation with respect to the allowability and allocability of IR&D costs relating to aircraft development
  • Litigation with respect to the allowability and allocability of IR&D costs relating to naval ship design and development
  • Litigation with respect to breach of a teaming agreement for a major U.S. aircraft system
  • Litigation of alleged false claims relating to compliance with the Buy American and Trade Agreements Acts
  • Litigation of alleged false claims relating to compliance with the General Services Administration’s Price Reduction Clause
  • Litigation of alleged false claims relating to allowability of proxy contest costs

Alternate Dispute Resolution Experience

  • Classified arbitration relating to alleged breach of teaming agreement for design, development and production of satellites
  • Unclassified arbitration of claim against major Israeli contractor
  • Mediation relating to alleged breach of teaming agreement for rocket motor technology
  • “Baseball”-style arbitration of claims under government prime contract
  • Mediation of penalties assessed for expressly unallowable costs

Investigations

  • Investigation of alleged false claims relating to license fees and royalties included in prices billed to U.S. Government customers
  • Investigation of alleged cost-plus-percentage-of-cost violations
  • Investigation of alleged false claims relating to application of profit to inter-affiliate transfers
  • Investigation of possible false claims raised by the U.S. Postal Service Office of Inspector General
  • Investigation of alleged false claims relating to contractor claims of commerciality
  • Investigation of potential false claims in connection with progress payment invoices
  • Investigation of numerous alleged false claims relating to defective cost or pricing data
  • Investigations of numerous kickback allegations
  • Investigation of numerous potential disclosures under FAR Mandatory Disclosure Rule

Claims

  • Representation of major aerospace contractor in connection with claims relating to failed rocket launch and loss of payload
  • Preparation of claim against the Department of Interior relating to underpayments on contract for nationwide personal counseling services
  • Preparation of claim under contract for overhaul of statewide information technology services contract
  • Preparation of claim relating to contract for production of plant machinery and equipment
  • Preparation of claims relating to contract for the design, development and production of unmanned aerial vehicles
  • Investigation, preparation and prosecution of various contract claims relating to ship design and construction
  • Investigation, preparation and prosecution of contract claims relating to extreme weather impacts
  • Investigation, preparation and prosecution of contract claims relating to business reorganizations
  • Representation of international sales agent in connection with claims for commissions against U.S. aircraft manufacturer
  • Response to numerous contractual “show cause” and “cure” letters

Bid Protests

  • Numerous offensive and defensive bid protests at the Court of Federal Claims, GAO and agency levels

Counseling

  • Audit Response
  • Buy American Act, Trade Agreements Act and Appropriations Act Restrictions

Costs

  • Allowability
  • Allocability
  • Reasonableness
  • Credits
  • Depreciation
  • Economic Planning
  • Environmental Costs
  • Executive Compensation Costs
  • Fines, Penalties and Mischarging
  • Golden Handcuffs
  • Golden Parachutes
  • Idle Facilities and Idle Capacity
  • IR&D
  • Lobbying
  • Manufacturing & Production Engineering
  • Material Costs
  • Organization Costs
  • Relocation Costs
  • Restructuring Costs
  • Royalties
  • Selling Costs
  • Special Tooling and Special Test Equipment
  • Termination Costs
  • Legal and Other Proceedings Costs
  • Cost Accounting Standards
  • Cost or Pricing Data
  • Cost Analysis/Price Analysis

Contracts

  • Multiple Award Schedule Contracting
  • Public Law 85-804/Extraordinary Contract Relief
  • Rights in Technical Data and Computer Software
  • Subcontracts and Flow Down Requirements
  • Teaming Agreements

Other

  • Government contracts-related due diligence in support of government contracts-related mergers and acquisitions
  • Committee on Foreign Investment in the United States (CFIUS) oversight of M&A involving foreign buyers
  • Foreign Ownership, Control or Interest (FOCI) in contractors holding classified contracts
  • FOIA
  • Service as an ombudsman for a foreign defense contractor under an ITAR-related agreement with DDTC resolving alleged export violations

Honors

Honors

Chambers & Partners, Tier 1 National Ranking

Leading Lawyer in Government, Chambers USA

National Recognition as an Elite Leading Lawyer in Government Contracts, Legal 500

Best Lawyers in America, Best Lawyers

Washington, D.C. Super Lawyer, Super Lawyers

America's Leading Business Lawyers

Best Lawyers in Washington, D.C.

Best Government Contracts Lawyers, Washington Business Journal

Best Government Contracts Lawyers, Washingtonian Magazine

SmartCEO Magazine's SmartLawyers

Legal Times, Leading Lawyer

Who's Who Legal, Leading Public Procurement Lawyer and Government Contracts Expert

Martindale-Hubbell Alternative Dispute Resolution Washington, D.C. Top Rated Lawyer

Insights

Articles

Selected Recent Articles in Print

Selected Government Contracts, Investigations & International Trade Blog Posts

Media Mentions

Memberships

Memberships

Member, Advisory Board, Government Contractor

Member, Sections of Public Contract Law, Administrative Law and Litigation, American Bar Association

Member, National Contract Management Association

Education

J.D., Columbia Law School, 1972, Law Review, James Kent Scholar, Harlan Fiske Stone Scholar

A.B., Cornell University, 1969

Admissions

  • District of Columbia
  • California
  • New York
  • U.S. District Court for the Eastern District of Wisconsin
Jump to Page

By scrolling this page, clicking a link or continuing to browse our website, you consent to our use of cookies as described in our Cookie and Advertising Policy. If you do not wish to accept cookies from our website, or would like to stop cookies being stored on your device in the future, you can find out more and adjust your preferences here.