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Harvey Sherzer concentrates his practice on all areas of government contracts law, including counseling of high-tech and other companies, preparing complex claims and bid protests, trial and appellate practice before the Court of Federal Claims and the court of Appeals for the Federal Circuit, cost allowability and cost accounting standards, foreign military sales and financing (“FMS”/“FMF”), compliance and voluntary disclosures, False Claims Act/qui tam litigation, and white collar defense.
Government Contracts and International Counseling and Litigation
Mr. Sherzer has strategized various corporate issues, including sales, acquisitions, and restructuring, involving government contractors. He has negotiated agreements with the Department of Defense and other agencies involving cost and various issues, including potential government claims to pension surpluses exceeding $100 million. Mr. Sherzer is lead counsel in omnibus litigation involving industry-wide issues of multibillion dollar significance to determine government and contractor rights to pension surpluses and/or deficits in pension plans funded under government contracts. He also has been lead counsel in many other cases before the Court of Federal Claims, agency contracts appeals boards, and other courts, and in protests before various agency contracting officers and the Government Accountability Office (“GAO”).
False Claims Act/Qui Tam and Other Litigation
Mr. Sherzer has defended numerous False Claims Act cases, including defense of claims brought by private relators under the qui tam/whistleblower provisions of the Act. These cases involved a broad range of allegations, including inadequate or false testing, discharging of time, gratuities, and kickbacks. He obtained a rare dismissal, after argument before the district court and the Sixth Circuit, of a $200 million suit under the qui tam provisions of the False Claims Act.
Compliance, Internal Investigations, and Voluntary Disclosures
Mr. Sherzer has conducted many investigations of alleged irregularities, wrongdoing, or illegalities under government contracts, appeared as lead counsel in voluntary disclosures under the Department of Defense’s Voluntary Disclosure Program, defended against the threatened suspension and/or debarment of government contractors, and assisted in implementing reporting and compliance programs.
Mr. Sherzer began his career in 1968 clerking for the Trial Judges of the U.S. Court of Federal Claims (formerly known as the Court of Claims). From 1969 to 1970, he clerked for the Honorable Wilson Cowen, Chief Judge of the U.S. Court of Appeals for the Federal Circuit.
Mr. Sherzer has presented hundreds of lectures on government contracts, international contracting, fraud, internal investigations, compliance, and related topics. He is the author of numerous publications, including a book he co-authored about the Department of Defense’s program for voluntary disclosure of possible irregularities under government contracts.