- J.D., Duke University, 2011, Editor-in-Chief, Duke Law and Technology Review, Dean's Award in Post-Crash Banking Regulation
- B.S., University of Florida, 2008
- Law clerk to Honorable Lawrence J. Block, U.S. Court of Federal Claims
- Judicial intern to Honorable Graham C. Mullen, U.S. District Court for the Western District of North Carolina
- District of Columbia
- U.S. Supreme Court
- U.S. Court of Federal Claims
- U.S. Court of Appeals for the First Circuit
- U.S. District Court for the District of Columbia
Matthew Turetzky is an associate in the Government Contracts, Investigations and International Trade Practice Group in the firm's San Francisco and Washington, D.C. offices.
Areas of Practice
Matthew's practice focuses on False Claims Act litigation in federal district and appellate courts, government contractor-specific litigation and counseling, and bid protests before the Government Accountability Office and Court of Federal Claims. Matthew also assists with other government contracts and complex civil litigation matters.
Representative Litigation Matters
Defended a small business DoD contractor in a qui tam lawsuit brought under the federal False Claims Act. After the relator issued a baseless nuisance value settlement demand, Matthew drafted and filed a Motion to Dismiss, which, among other things, warned the Relator, a disbarred attorney, that sanctions and attorneys’ fees would be sought if the litigation persisted. After being served with the Motion to Dismiss, the relator relented, voluntarily dismissing the action, saving the client significant litigation expense. U.S. ex rel. Joseph v. LAG Sports & Leather Wear, LLC, No. 1:17-CV-421-LMB-TCB (E.D. Va. July 28, 2017).
- Assisted in the successful defense of a medical transportation services provider in a qui tam lawsuit brought under the federal and various state False Claims Acts. The district court dismissed the matter as to all counts on the provider’s motion to dismiss, thereby avoiding unnecessary discovery and protracted litigation. United States ex rel. Ralston v. Lifestar Response of Ala., Inc., No. 2:15-CV-773 (S.D. Ala. Oct. 6, 2016).
- Assisted in the successful defense of the Air Force’s summary judgment motion in a contract dispute over data rights to an aerospace company’s proprietary aircraft maintenance manuals. After successfully assisting the defeat of the Air Force’s summary judgment motion, Matthew helped the company obtain a favorable settlement. Appeal of Alenia North America, Inc., ASBCA 57935 (2014).
- Assisted in the defense of a major defense contractor from a False Claims Act qui tam lawsuit. Matthew helped the company obtain a complete victory on summary judgment. United States ex rel. Michaud v. Northrop Grumman Sys. Corp., No. 1:11-CV-606-TSE-TRJ (E.D. Va. 2014).
- Assisted in the defense of a large pharmaceutical company from a False Claims Act qui tam lawsuit. Matthew helped the company obtain a dismissal under the False Claims Act’s “first-to-file” bar. In re Pharm. Industry Ave. Wholesale Price Litig., MDL No. 1456, Civil Action No. 01-12257-PBS, Subdocket Nos. 08-11200-PBS, 10-11186-PBS, 2013 WL 2420912 (D. Mass. May 31, 2013), aff’d sub nom., United States ex rel. Ven-a-Care of the Fla. Keys v. Baxter Healthcare Corp., Nos. 13-1732, 13-2083, 2014 WL 6737102, at *3 (1st Cir. Dec. 1, 2014).
Representative Bid Protest Experience
- Assisted a client’s successful defense of a contract award for the provision of various services to the Department of Health and Human Services’ National Institute of Diabetes and Digestive and Kidney Disease biosample and genetics repositories. GAO denied the protest, which challenged the agency’s technical evaluation and raised organizational conflict of interest (OCI) issues. Fisher BioServices, Inc., B-413982.4, B-413982.6, Nov. 29, 2017.
- Assisted a client’s successful protest of a $58 million Defense Health Agency contract award. GAO sustained that protest, finding that the Agency’s “evaluation and award decision were inconsistent with the terms of the solicitation and lacked a reasonable basis.” Deloitte Consulting LLP, B-411884, Nov. 16, 2015, 2015 WL 9701026.
- After assisting a client obtain corrective action in an earlier protest of a significant procurement, Matthew assisted in successfully defending the corrective action in a subsequent protest. MSC Industrial Direct Company, Inc., B-411533.2, B-411533.4, Oct. 9, 2015, 2015 CPD ¶ 316.
- Assisted in the successful prosecution of one of the largest bid protests of 2013. GAO sustained that protest, finding that NASA, the procuring agency, had failed to consider the effect of the awardee’s corporate reorganization on the awardee’s ability to perform at the particular price it proposed. In addition to sustaining the protest, GAO issued a rare “directed award,” in which it essentially instructed the agency to award the contract—worth approximately $1 billion—to the protester. Wyle Labs., Inc., B-408112.2, Dec. 27, 2013, 2014 CPD ¶ 16.
- Assisted an awardee in successfully defending the protest of a $15 million GSA real estate lease. Potomac Creek Assocs., LLC, B-406243.2, Nov. 26, 2013, 2013 CPD ¶ 280.
- Obtained corrective action in numerous protests for multiple defense contractors in which the government had unduly restricted competition by soliciting either a brand-name-or-equal or “wired specifications” requirement.
Representative Government Contracts Counseling and Investigation Matters
- Advised a client on the export of various ITAR-controlled Defense Articles to search-and-rescue outposts in Northern Europe.
- Co-author, "Feature Comment: Making Fuzzy Math Less Fuzzy—a Practical Guide for Litigating and Winning False Claims Act Cases Involving Statistical Sampling," The Government Contractor, Vol. 59, No. 35, September 27, 2017
- Co-author, "Feature Comment: Right on the Bullseye? Fourth Circuit Takes Its Shot at Applying Escobar’s Materiality Standard After Scotus Sends Iraqi Security Guard Case Back for Further Consideration," The Government Contractor, Vol. 59, No. 21, June 7, 2017
- Co-author, "Live By the Sword, Die By the Sword: Making the False Claims Act’s Attorney Fee Provisions Equitable," Westlaw Journal: Government Contract Expert Analysis, Vol. 31, May 8, 2017
- Co-author, "U.S. Can Veto FCA Settlements, Fourth Circuit Holds," The Government Contractor, Vol. 59, No. 9, March 8, 2017
- Co-author, "Fraud, Debarment & Suspension Conference Briefing Paper," West Government Contracts Year In Review Conference, Washington, D.C., February 14-17, 2017
- Co-author, "Seal Violation Does Not Require Dismissal, Supreme Court Holds," The Government Contractor, Vol. 58, No. 46, December 14, 2016
- Co-author, "Feature Comment: Weathering The Storm: Forecasts For FCA Enforcement In The Trump Era," The Government Contractor, Vol. 58, No. 44, November 22, 2016
- Co-author, "Feature Comment: Sealed To Perfection? Supreme Court Considers What To Do When A Relator Violates The FCA Seal Requirement," The Government Contractor, Vol. 58, No. 42, November 9, 2016
- Co-author, "Justices Appear to Seek Limiting Principle in FCA Case," Daily Journal, April 22, 2016
- Co-author, "When It Comes To Crop Insurance, The FCA Bears Fruit," Law360, June 1, 2015
- Co-author, "Feature Comment: KBR v. United States – New Fed. Cir. Authority on Cost Reasonableness Determinations and the Interpretation of Fraud-Related Actions," The Government Contractor, Vol. 55, No. 292, September 25, 2013
- "Surviving Motions to Dismiss Under Section 1500," Law360, December 14, 2012
False Claims Act Defense Blog Posts
- "MWI Lives On One Year After the Supreme Court Denied Certiorari," January 10, 2018
- "Materiality Part II: Government Knowledge," January 5, 2018
- "DOJ Releases its 2017 False Claims Act Recovery Statistics," December 26, 2017
- "Change in Policy or Same Old Story? DOJ Suggests it Will Dismiss Unmeritorious Qui Tam Suits," November 3, 2017
- "Head on Collision: 5th Circuit Crashes Into Massive $663M Guard Rail Jury Verdict on Materiality Grounds," October 12, 2017
- "Materiality Part I: Distinguishing Important Representations from the Minor or Insubstantial," August 11, 2017
- "Escobar: Year One," June 16, 2017
- "Straight Shooter: The Fourth Circuit Stands By Its Earlier Decision In Case About Iraqi Security Guards Whose Inability To Shoot Straight Gave Rise to FCA Liability," May 17, 2017
- "Fourth Circuit Punts at Rare Opportunity to Rule on Statistical Sampling," February 16, 2017
- "First Circuit on Escobar Remand: Relators’ Allegations of Regulatory Violations Sufficiently Material to State a Claim Under the FCA," November 23, 2016
- "Fifth Circuit: No Anti-Kickback Violation When Defendant Merely Hopes or Expects Referrals from Benefits Designed for Other Purposes," November 18, 2016
- "The Government’s Take on Materiality After Escobar," September 15, 2016
- "DOJ Seeks Rehearing in D.C. Circuit Case, Hoping to Resurrect Liability for a Contractor’s “Objectively Reasonable” Interpretation of an Ambiguous Contract Provision," February 18, 2016
- "CMS Clarifies 60 Day Overpayment Rule," February 11, 2016
- "2015: Another Big Year for FCA Recoveries," February 5, 2016
- "Supreme Implications: High Court to Decide Fate of “Implied False Certification” Theory," December 15, 2015
- "D.C. Circuit: When The Government Is Silent, There Is No FCA Liability For A Contractor’s “Objectively Reasonable” Interpretation Of An Ambiguous Contract Provision," December 4, 2015
- "Hundreds of Hospitals Will Pay Over $250 Million in Nationwide FCA Settlement," November 6, 2015
- "What’s Next: The Future of False Claims Act Litigation After KBR v. U.S. ex rel. Carter," September 10, 2015
Healthcare Law Blog Posts
- "Healthcare Industry Beware: The Use of Statistical Sampling to Establish Damages and Liability Under the False Claims Act Remains a Viable Option for Plaintiffs," March 14, 2018
- "Temporal Proximity Is Not Enough: Third Circuit Nixes FCA/Anti-Kickback Suit For Failure To Link Alleged Scheme to Claims," February 9, 2018
- "The Department of Justice Delivers Some Good News to the Healthcare Industry: New False Claims Act Guidance Predicts More Challenges to Qui Tam Plaintiffs," January 29, 2018
- "The 2017 Department of Justice False Claims Act Recovery Statistics:" January 22, 2018
Government Contracts, Investigations & International Trade Blog Posts
- "What’s Past is Prologue: How The FCA’s Eventful Year in 2016 Will Affect Government Contractors," February 28, 2017
- "DOJ Rule Increases FCA Penalties to Over $20,000 Per Claim," July 1, 2016
- "Potential Changes at GAO in 2016," March 29, 2016
- "Whew! That Was Close – D.C. Circuit Reaffirms Application of Attorney-Client Privilege and Attorney Work Product Doctrine in Internal Investigations," September 21, 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
- "When it Comes to Crop Insurance, the FCA Bears Fruit," April 30, 2015
- "The Fourth Circuit Strengthens the FCA’s Implied Certification Theory in Triple Canopy," February 25, 2015
- "First Circuit Reaffirms FCA’s “First-to-File” Bar as a Broad Jurisdictional Limit," January 22, 2015
- "Recent Developments in Cases Dealing with the False Claims Act’s First-to-File and Public Disclosure Bars," October 29, 2014
- "What’s New Out There? Highlights from the March 2014 Federal Register," March 25, 2014
- Bloomberg Federal Contracts Report - False Claims Act, June 13, 2017
- Bloomberg Federal Contracts Report - False Claims Act, May 23, 2017
- Law360, January 15, 2016
- Panelist, "How Courts Are Applying Escobar," ABA FCA Trial Institute, Washington, DC, June 14, 2017
- Co-Moderator, "The Reel Experts: A View from the Bench," ABA Public Contracts Law Section’s 23rd Annual Federal Procurement Institute, Annapolis, MD, March 16, 2017
- "The Future of False Claims Act Litigation After KBR v. U.S. ex rel. Carter," ABA Public Contracts Law Section's Council Meeting, Chicago, IL, August 1, 2015
- "Recent Developments in Cases Dealing with the False Claims Act’s First-to-File and Public Disclosure Bars," ABA Public Contracts Law Section Fall Meeting, Miami, FL, November 1, 2014
- Hosted by Sheppard Mullin and PricewaterhouseCoopersSeptember 21, 2017
- Hosted by Sheppard Mullin and PricewaterhouseCoopersSeptember 20, 2017
- Presented by Sheppard Mullin and PwCSheppard Mullin Del Mar, August 1, 2017
- Third Annual Mock Trial Hosted in Washington, D.C.
- California State Bar
- District of Columbia Bar
- Vice-Chair of the Bid Protest Committee, ABA Public Contracts Law Section
- Member, ABA Litigation Section
- Member, U.S. Court of Federal Claims Bar Association