US Government Contracts
About
Companies doing business with the US government must navigate a complex framework of statutes, regulations and contractual clauses. White & Case's US Government Contracts practice guides contractors, grantees and loan recipients through this intricate landscape, helping them achieve their operational goal with confidence.
Our lawyers collaborate across various practice areas, including Foreign Direct Investment, Commercial Litigation, Data Privacy & Cybersecurity, International Trade and Mergers & Acquisitions. This multidisciplinary approach ensures clients receive strategic, tailored support.
We represent clients across a range of industries, including defense, energy, professional services, financial services, healthcare, information technology, higher education and infrastructure. Our expertise encompasses the following areas:
Audits and risk analysis
Based on the most recent regulatory standards imposed on companies that do business with the US government, we conduct audits and risk assessments, both proactively and in response to regulatory inquiries, to identify applicable standards, mitigate compliance gaps, develop robust compliance controls and complete mandatory disclosure obligations if necessary.
Disputes, investigations & litigation
Our nationally recognized litigators, many of whom are former government enforcement lawyers, assist clients in responding to inquiries and disputes from regulatory agencies, inspectors general, the DOJ, private whistleblowers and competitors. We handle allegations of civil and criminal violations, including the False Claims Act, Foreign Corrupt Practices Act, executive misconduct, systemic bias, discrimination and human trafficking.
Employment
Our lawyers guide clients through complex labor and employment mandates associated with federal funding, including equal employment opportunity (EEO) obligations. We also assist with payroll practices to meet wage and hour requirements, including prevailing wage under the Service Contract Act and the Davis-Bacon Act.
Foreign Direct Investment Review, US National Security & CFIUS
White & Case's Committee on Foreign Investment in the United States (CFIUS) team is a market leader in national security issues related to foreign direct investment (FDI). Our team includes experienced practitioners and former CFIUS and Department of Defense officials, offering invaluable perspectives that align with our clients' business needs.
Foreign ownership, control & influence (FOCI)
We guide companies through the FOCI mitigation process, whether due to transactions resulting in a cleared company coming under FOCI or existing companies entering classified markets. We develop appropriate FOCI-mitigation plans, such as special security agreements, proxy agreements, security control agreements, or FOCI board resolutions.
International trade
We assist clients with license applications and seek interpretive guidance from sanctions authorities. We represent clients before agencies such as the Office of Foreign Assets Control (OFAC) and the DOJ in investigations of export control or sanctions violations. Many of our lawyers have direct experience working for these agencies.
Mergers, acquisitions and sales
With more than a century of experience, White & Case advises clients on M&A transactions involving US government contractors. We conduct due diligence to assess risks, obtain regulatory approval and secure contract novations when required.
Regulatory compliance
Our lawyers adeptly interpret complex regulatory requirements, whether stemming from the Federal Acquisition Regulation (FAR), Department of Defense Agency Regulation (DFAR) or other statutory authorities. We ensure clients can execute their operational objectives while maintaining the highest level of compliance.
White & Case delivers integrated solutions needed to help clients succeed in the demanding landscape of government contracting.
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AWARDS & RECOGNITION
Tier 1: International Litigation
Tier 2: General Commercial Disputes
The Legal 500 US 2024
Band 1
International Trade - CFIUS Experts
Chambers USA 2024
Band 1
International Trade - CFIUS Experts
Chambers Global 2024
Elite: General Commercial Litigation Practices
Chambers USA 2024 - New York, Florida, California
Band 1: Highly Regarded
General Commercial Litigation Practice
Chambers USA 2024 - Washington, DC
Global Elite Investigations Firm
Global Investigations Review GIR 100 – 2015 - 2024
"White & Case has demonstrated themselves as not only thoughtful but strategic litigators. The firm provides the right staffing and efficiency to obtain the right results."
"The lawyers at White & Case provide business-oriented, practical legal advice that combines high legal acumen with a deep understanding of litigation strategy to present their clients with clear and actionable guidance."
"We go to them because they have high-quality lawyers, are very result-oriented, and have deep knowledge of our business."
"They are excellent. They put things in plain English and explain them simply to us. They're real experts and are extremely responsive."
Chambers USA 2024 – client quote
Experience
Investigation and Defense of Large U.S. Defense Contractor in False Claims Act Matter
Defended a major U.S. defense contractor in response to a Civil Investigative Demand and a sealed qui tam lawsuit alleging non-compliance with contract provisions. Through a thorough investigation and strategic presentations to the Department of Justice, persuaded the government to decline intervention, leading to the closure of the investigation and dismissal of the lawsuit without liability for the client.
Defense of U.S. Contractor in Qui Tam False Claims Act Case
Defended a prominent U.S. government contractor in a high-stakes False Claims Act case alleging contractual non-compliance under a worthless services theory. Strategically challenged the claims through motions to dismiss and summary judgment, significantly narrowing the scope of the case. This approach positioned the client for a favorable pre-trial resolution, avoiding liability and the risks of prolonged litigation.
Successful Defense of Government Contractor in Human Trafficking Allegations Under the TVPA
Represented a government contractor in a federal lawsuit alleging violations of the Trafficking Victims Protection Act of 2000 (TVPA) related to the treatment of foreign laborers on a U.S. government-funded project overseas. Conducted a comprehensive internal investigation into labor recruitment, working conditions, and contractual compliance. Developed a defense strategy demonstrating the contractor's adherence to all applicable regulations, including FAR human trafficking compliance provisions. Engaged with government stakeholders and opposing counsel to challenge the factual and legal basis of the claims. Successfully secured dismissal of the lawsuit at an early stage, avoiding protracted litigation and reputational harm to the client.
Regulatory Compliance and Audit Defense for Government Contractor
Represented a government contractor in an audit initiated by the Defense Contract Audit Agency (DCAA) following an initial determination that the contractor's accounting system was non-compliant. Led an internal investigation, implemented remediation measures, and engaged with auditors, ultimately securing the rescission of the non-compliance determination. The contractor's accounting system was deemed compliant, ensuring continued eligibility for flexibly priced government contracts.
Internal Investigation into Executive Misconduct at Government Contractor
Conducted a sensitive internal investigation into allegations of sexual harassment and discrimination involving senior leadership at a government contractor. Managed witness interviews, forensic review, and risk assessment while advising Board of Directors and executive management on remedial measures. The matter was addressed with appropriate corrective action, ensuring compliance with legal and ethical obligations while minimizing reputational and operational risk.
Defense of Department of Transportation Subcontractor in Buy American Act Investigation
Represented a subcontractor on a federally funded Department of Transportation project facing allegations of non-compliance with Buy American Act requirements. Led an internal investigation to assess material sourcing and regulatory adherence, coordinated response strategies with the prime contractor, and engaged with regulators to demonstrate compliance. Successfully secured a finding of no wrongdoing, resulting in the closure of the matter without penalties or further action.
