David S. Gallacher: Lawyer with Sheppard, Mullin, Richter & Hampton LLP

David S. Gallacher


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Experience & Credentials

Practice Areas

  • Government Contracts, Investigations & International Trade
  • Bid Protests
  • Claims
  • Contract Cost Accounting
  • Exports and Export-Related Controls
  • Foreign Corrupt Practices Act - FCPA
  • Intellectual Property Rights Under Government Contracts
  • Multiple Award Schedule Contracting
  • The False Claims Act and Related "White Collar" Issues
  • Aerospace and Defense
University University of Utah, B.A., cum laude, 1997
Law SchoolWashington College of Law of the American University, J.D., magna cum laude, 2001
Admitted2001, Virginia; 2002, District of Columbia; Federal Courts in Virginia and District of Columbia; Court of Appeals for the Federal Circuit; U.S. Court of Federal Claims

David Gallacher is a partner in the Government Contracts, Investigations & International Trade Practice Group in the firm's Washington, D.C. office.

Areas of Practice

Mr. Gallacher's professional experience involves a wide variety of litigation, administrative, and counseling issues related to federal procurement laws. His experience is extensive and includes complex litigation in federal court under the qui tam provisions of the False Claims Act, claims disputes before the Boards of Contract Appeals and bid protest actions. He regularly counsels both domestic and foreign companies on issues relating to compliance with government regulations including, among other things, subcontract administration, country of origin requirements under the Buy American and Trade Agreements Acts, export controls, commercial item exceptions, merger and acquisition due diligence, cost accounting, suspension and debarment, and small business requirements. He also regularly conducts compliance reviews and internal investigations to assist companies ensure that they are in full compliance with the law.

Publications & News


•Lots of Little Things - Recent FAR Updates

Law360, August 19, 2013

•15 Tips For Navigating The 'Buy American' Maze

Law360, June 19, 2013

•Deciphering The Alphabet Soup - FAPIIS, CPARS And PPIRS

Law360, April 20, 2012

•Hits And Misses In DOD IR&D Rule

Law360, March 20, 2012

•‘Buy American’ And Solar Devices - DOD Clarification

Law360, February 21, 2012

•The Continuing Saga Of Specialty Metals - Nothing Is Ever So Bad That It Cannot Be Made Worse

April 28, 2007

•Recent Legislation On Award And Incentive Fees - Why Congress Thinks That 'Satisfactory' Performance Is Unacceptable And DOD Is Caught In The Middle

November 15, 2006

•Berry Amendment 'Reform' - The Sound and The Fury

October 25, 2006

•Financing Government Contracts / Edition II - Part I

April 21, 2005

•Financing Government Contracts / Edition II Part II

April 21, 2005

•Speciality Metals and the Berry Amendment - Frankenstein's Monster and Bad Domestic Policy

April 21, 2004

•Liability Limitations For Anti-Terrorist Technologies Under the SAFETY Act

December 3, 2003

Global Trade Law Blog Posts

•International Sanctions - Updates to U.S. Sanctions Laws in 2011, January 17, 2012

Government Contracts, Investigations & International Trade Blog Posts

•Free(er?) Trade - US, EU and Canada Quibble Over Market Access and Domestic Preferences, August 15, 2013
•Lots of Little Things - FAR Updates from the Federal Acquisition Circular, August 15, 2013
•Quick on the Trigger - Period for Contractors to Comment on Past Performance Evaluations Will Shrink from 30 Days to 14 Days, August 14, 2013
•Threats and Vulnerabilities - What Every Contractor Should Know About The SBA's New Presumed Loss and Deemed Certification Rules, July 22, 2013
•'The Song Remains the Same' - DFARS Removes and Replaces Restrictions on Export Controls, July 22, 2013
•'Buy American' Compliance Tips, April 29, 2013
•Playing Cards With a Government That Stacks the Deck - D.C. District Court Radically Expands The Christian Doctrine To Subcontracts, April 29, 2013
•Country of Origin for Computer Software - U.S. Customs Finally Sheds Some Light on the Issue, February 11, 2013
•Free Trade Agreement Updates for 2012, February 11, 2013
•Smash & Grab Redux - Congress Seems to Give DCAA Permission But Forgets to Give It Authority, January 28, 2013
•Smash & Grab - DCAA Poised to Gain Access to Contractor Internal Audit Reports, December 17, 2012
•Free Trade Agreement Updates - Changes to the WTO GPA and KORUS FTA, April 16, 2012
•Terrorism and Taxes - Proposed FAR Rule Imposes 2% Tax on Foreign Offers to Fund 9/11 Relief Fund, March 16, 2012
•New 2012 Updates to U.S. Free Trade Agreements Expected; No Progress With China, February 13, 2012
•2011 Year In Review: Export Controls and Promised Reforms, January 11, 2012
•Bah! Humbug! - 3% Withholding and the Ghost of Christmas Future, January 11, 2012
•The Times They Are A Changin' - Independent Research and Development May Not Be So Independent Any More, April 18, 2011
•Size Does Matter - Impacts Of The Small Business Jobs Act Of 2010, December 17, 2010
•Bidding Adieu To The Summer of Recovery: Changes To ARRA Buy American And Reporting Requirements, November 11, 2010
•Recovery Act and Updates to Buy American, April 13, 2010
•New 2010 Updates to Buy American and Trade Agreements Dollar Thresholds; Buy American Requirements Remain Elusive and Complicated, January 11, 2010
•It's Time to Report That Stimulus Information That You've Been Collecting -- Are You Ready? October 5, 2009
•The Moment of Truth Has Arrived -- Made In Taiwan Now Qualifies Under the TAA, October 5, 2009
•DHS Publishes New Rules Expanding Berry Amendment to Most DHS Procurements, October 5, 2009
•More Than a Year In the Making! -- DOD Issues Final Rules for Specialty Metals; New Rules Are No Less Complicated, October 5, 2009
•Working Like a Highway Road Crew -- Government Finally Amends SF 1443 to Eliminate References to Paid Cost Rule, a Mere Seven Years After the Fact, July 7, 2009
•Country of Origin - Made In Taiwan Will Soon Be TAA Compliant; China Continues to Dawdle; Costa Rica, Peru, and Oman also Recognized, July 7, 2009
•Recovery Act Update - U.S. Stimulus: Buy American; PRC Stimulus: Buy Chinese; Canada and WTO: Not Pleased, July 7, 2009
•ARRA Risks -- Traps for the Unaware, July 7, 2009
•New Recovery Act Rules Implement Provisions Relating To Government Audit Access, Whistleblower Protections, And Buy American Requirements; Much Confusion Remains, April 9, 2009
•DOD Conclude That Specialty Metals Are Not Materials Critical To The National Security Interests Of The U.S., April 9, 2009
•More Buy American Requirements in the 2009 Stimulus Act: Berry Amendment Expanded To Include DHS, March 19, 2009
•District Court Enjoins Enforcement of Statute Providing for Race-Based Preferences in Federal Procurement and University Contracts; DOD Issues a Pyrrhic Waiver, March 19, 2009
•Stimulation Has Its Price - The Audit and Oversight Provisions of The 2009 Stimulus Bill Are Unlike Anything Most Funding Recipients Have Ever Seen, February 23, 2009
•New Rules For Commercial Off-The-Shelf Products Exempts BAA Components And Exempts Recycled Content Reporting Requirement, February 17, 2009
•Free Trade Agreements, Made In America, and The 2009 Stimulus Package - Country of Origin Requirements Remain an Elusive Compliance Obligation, February 17, 2009
•Department Of Commerce Proposes New Rule For Intra-Company Transfers, January 7, 2009
•Treasury Issues Final Rules Describing Procedures For Reviewing Foreign Investment In U.S. Companies, January 7, 2009
•New Export Rules Revise De Minimis Provisions, Allowing Bundled Software To Be Included In Commodity Valuation, Clarifying Terms, And Reducing Reporting Requirements, November 17, 2008
•Encryption Export Restrictions Loosened Under New Rules That Reduce Pre-Review And Reporting Requirements, November 17, 2008
•Federal Circuit Strikes Down DOD Preferences For Minority Contractors As Unconstitutional; Consequences Uncertain, November 17, 2008
•Export Licenses Are Now C.O.D. - Department Of State Modifies ITAR Registration Fee Structure To Increase Fees And Provide For More Consistent Revenue Stream, October 6, 2008
•Hitchcock And Specialty Metals - DOD's New Proposed Rules Are Dizzying; Ambiguities Remain, September 8, 2008
•New DOD Rule Imposes Contractual Requirement For Contractors To Comply With U.S. Export Laws, September 8, 2008
•Specialty Metals Update: HASC Criticizes DCMA's January 2008 Specialty Metals Class Deviation, June 30, 2008
•Amicus Brief Filed in U.S. Supreme Court to Support Reversal of Decision Holding That Any Government Contract Tainted by Fraud is Void from the Outset, June 30, 2008
•Comments on Proposed CFIUS Rules Range from Cautious Praise to Outright Criticism, June 30, 2008
•Treasury Proposes New Rules for Reviewing Foreign Investment in U.S. Companies, May 15, 2008
•New Specialty Metals Rules Add to Existing Confusion; DOD Suggests Single Process Initiative May Help Streamline Application, April 18, 2008
•DOJ Does Not Support Recent Proposed FCA Amendments - Why Then Do Some in Congress Still Think

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Office Information

David S. Gallacher

Eleventh Floor East, 1300 I Street, NW
WashingtonDC 20005-3314


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