Kaye Scholer lawyers have in-depth experience in all aspects of False Claims Act ("FCA") litigation, including the defense of companies in the initial stages of an FCA suit, responding to agency subpoenas and Department of Justice Civil Investigative Demands, conducting internal investigations regarding FCA allegations, strategically employing early motions practices regarding the unique elements of FCA claims, and dismissal of allegations asserted against a company. Our experience also includes the conduct of, and the defense against, written discovery, fact and expert witness depositions, and, if necessary, trial before the court or jury. In those FCA cases that are initiated by private individuals (known as qui tam relators) our lawyers have extensive experience in litigating the unique issues that arise from these suits and in developing the particular defenses that the FCA statute provides against such suits. Finally, and perhaps most importantly, our lawyers not only have defended large corporate clients against both government-initiated FCA suits and qui tam suits, but also have extensive experience in prosecuting such suits on behalf of the Department of Justice. This experience on "both sides of the aisle" provides our clients with unique insight and capabilities in defending against FCA allegations. We also represent clients on public policy issues before regulatory agencies and Congress, where we have helped draft and secure enactment of legislation to reform the federal procurement system.
In the areas of bid preparation and contract performance, Kaye Scholer lawyers are available to assist clients in analyzing evaluation criteria and performance requirements, as well as intellectual property and technical data rights. We advise clients on the disclosure requirements of the Truth in Negotiations Act and similar statutes, cost accounting requirements, ethical standards, and compliance with government certifications and specifications. We help clients develop systems to deter and detect irregularities, establish ombudsman programs, draft corporate codes of ethics, and, where necessary, conduct outside investigations. Our lawyers include specialists in labor and pension law, who assist clients in addressing employment disputes, responding to audits by the Department of Labor's Office of Federal Contract Compliance Programs, and meeting the requirements of federal pension laws and regulations.
In the area of mergers and acquisitions, Kaye Scholer lawyers are prepared to negotiate and draft all necessary sales agreements, provide antitrust analysis, assist in obtaining regulatory approvals (including the negotiation of clearances and security agreements involving foreign corporations), assess environmental law issues and liabilities, review tax, labor, and pension questions, and generally perform all necessary due diligence.
Our lawyers are also available to assist in the negotiation and drafting of contracts, subcontracts, joint ventures, teaming agreements, and cooperative research and development agreements. Kaye Scholer lawyers are also very familiar with the "other side of the fence" concerning the government's enforcement of the wide range of regulatory requirements that are unique to contracting with the U.S. government. Our attorneys have worked for the U.S. Defense Contract Audit Agency (the agency with audit responsibility for the significant majority of U.S. government contracts), and this experience has provided us with first-hand knowledge of the government's viewpoint and procedures concerning nearly the whole spectrum of such regulatory issues, from simple questions regarding the allowability of specific costs under government contracting regulations, to complex matters involving application of the requirements of the Truth in Negotiations Act or of the various Cost Accounting Standards.
The Government Contracts group combines detailed knowledge of the procurement system with the strengths of an internationally recognized law firm. Our clients have the assurance of working with lawyers who know the client's business, and who can craft cost-effective strategies to meet the client's needs.
