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Praised for his unique and broad skillset, David Hibey is a first chair trial and appellate attorney whose practice encompasses a wide range of white collar, government contract, and general litigation disciplines. David represents corporate clients in government investigations before the Department of Justice (DOJ), Congress, and Securities and Exchange Commission (SEC), and government contractors in litigation and counseling matters. He leverages his extensive experience as a former Trial Attorney for the DOJ to help clients understand the key issues and investigate matters strategically.

David represents corporations and individuals under investigation for conduct relating to criminal violations of antitrust, securities, pharmaceutical, transportation, and procurement laws, and works with his clients to limit the impact on their business. He has wide-ranging experience representing companies and corporate executives in high-profile congressional investigations and inquiries. David also represents defense contractors in bid protest matters and conducts all facets of False Claims Act (FCA) investigations concerning an array of contracting issues. He has appeared numerous times for oral arguments before the United States Court of Appeals for the Federal Circuit, the United States Court of Federal Claims, and the United States Court of International Trade.

As a trial attorney for the DOJ, David represented the United States as lead attorney in more than 60 cases before the United States Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims, and the U.S. Court of International Trade in suits brought by government contractors or government employees. David also has experience appearing before suspension and debarment officials at the Department of the Army.

Experience

  • Private company in investigation by the Office of Attorney General for the District of Columbia regarding alleged violations of D.C. False Claims Act.
  • Major defense non-profit organization in a FCA investigation, including DCIS and CID subpoenas, arising out of alleged unallowable costs charged to government contracts (plus substantial penalties alleged for expressly unallowable costs) in a Defense Contract Audit Agency audit report. Successfully represented the client throughout the investigation and settled with the U.S. Attorney on a non-FCA basis for an amount that was a fraction of the unallowable costs alleged.
  • Vice President of an electric utility company in connection with an ongoing public corruption investigation of the company by the U.S. DOJ and SEC and related civil litigation.
  • Cygnacom Solutions as co-lead trial counsel in successful representation of a breach of contract, tortious interference, and civil conspiracy case regarding a subcontract for key infrastructure support and services for the State Department.
  • Two key witnesses before the House Select Committee to Investigate the January 6th attack on the United States Capitol.
  • CSRA Inc. in protest litigation regarding U.S. Marine Corps support services procurement.
  • Japanese automobile parts manufacturer in coordinating and executing all aspects of the defense of a major DOJ antitrust investigation.
  • Chicago-based pension fund in conducting investigation concerning allegations of procurement fraud; prepared final report for the fund's board of directors.

Perspectives

Deskbook on Internal Investigations, Corporate Compliance, and White Collar Issues (2nd ed.)
Practising Law Institute
DOJ Procurement Collusion Strike Force Case Results in Prison Time
Enforcement Edge: Shining Light on Government Enforcement
Procurement Collusion Strike Force Is Keeping Its Foot on the Gas
Enforcement Edge: Shining Light on Government Enforcement
DOJ Procurement Collusion Strike Force Secures First Jury Verdict
Enforcement Edge: Shining Light on Government Enforcement
4 Consequences Of Gov't Contractor Antitrust Violations
Class Action Law360, Competition Law360, Compliance Law360, Construction Law360, Corporate Law360, Energy Law360, Environmental Law360, Government Contracts Law360, Life Sciences Law360, Project Finance Law360, Public Policy Law360, Telecommunications Law360, Transportation Law360, White Collar Law360
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Credentials

Education

  • J.D., Georgetown University Law Center, 1998
  • B.A., Georgetown University, 1994, cum laude

Admissions

  • District of Columbia
  • U.S. District Court, District of Columbia
  • U.S. Court of Federal Claims

Government & Military Service

  • Trial Attorney, U.S. Department of Justice, Department of Commercial Litigation Branch
Overview