John W. Chierichella: Lawyer with Sheppard, Mullin, Richter & Hampton LLP

John W. Chierichella

Phone202.747.1903

Peer Rating
 5.0/5.0
AV® Preeminent

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Practice Areas

  • Litigation
  • Alternative Dispute Resolution
  • General Litigation
  • Government Contracts, Investigations & International Trade
  • Bid Protests
  • Claims
  • Aerospace and Defense
  • Contract Cost Accounting
  • Exports and Export-Related Controls
  • Intellectual Property Rights Under Government Contracts
  • Multiple Award Schedule Contracting
  • The False Claims Act and Related "White Collar" Issues
  • White Collar Defense and Corporate Investigations
 
Mailing Address2099 Pennsylvania Avenue, N.W., Suite 100, Washington, District of Columbia, 20006-6801
 
University Cornell University, A.B., 1969
 
Law SchoolColumbia Law School, J.D., 1972
 
AdmittedU.S. District Court, Eastern District of Wisconsin; California; District of Columbia; New York
 
Memberships 

Memberships

•Member, Advisory Board of the Government Contractor
•Member, American Bar Association's Sections of Public Contract Law, Administrative Law and Litigation
•Member, National Contract Management Association

 
Biography

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

Areas of Practice

Mr. Chierichella has a broad range of experience in government contract matters, including bid protests, claims and appeals, cost and CAS issues, teaming disputes, GSA's Multiple Award Schedule (MAS) Program, compliance reviews and internal investigations, and qui tam and other False Claims Act litigation.

Mr. Chierichella has been nationally recognized by Chambers & Partners, Legal 500, and most recently by Who's Who Legal, noting that he is one of the most instantly recognizable names in government contracts law.

He is a prolific author and frequent lecturer, and co-authored the leading book on the MAS Program.

Mr. Chierichella served as attorney/adviser to the Secretary, Office of the General Counsel, Department of the Air Force, in the area of procurement law (1973-75).

Honors

•Chambers & Partners', Tier 1 National Ranking
•National Recognition as an Elite Leading Lawyer in Government Contracts, Legal 500
•Best Lawyers in America
•Washington, D.C. Super Lawyer
•America's Leading Business Lawyers
•Best Lawyers in Washington, D.C.
•Best Government Contracts Lawyers, Washington Business Journal
•Best Government Contracts Lawyers, Washingtonian Magazine
•SmartCEO Magazine's SmartLawyers
•Legal Times, Leading Lawyer
•Who's Who Legal, Leading Public Procurement Lawyer and Government Contracts Expert
•Martindale-Hubbell Alternative Dispute Resolution Washington, D.C. Top Rated Lawyer

Experience

Litigation

Litigation of contract claims and counterclaims in the Court of Federal Claims against the United States Postal Service

Litigation of alleged false claims brought by former employee/qui tam relator relating to performance metrics of plant machinery

Litigation of claims relating to alleged collusive bidding and antitrust violations

Litigation of claims relating to misuse of technical data relating to Government contracts in violation of antitrust laws

Litigation of alleged false claims brought by former employee/qui tam relator relating to accounting for vacation and holiday time

Litigation of alleged false claims brought by former employee/qui tam relator relating to accounting for various indirect costs, including independent research & development (IR&D), manufacturing & production engineering, selling costs, and long range economic planning

Litigation of alleged false claims relating to design, development and production of classified microelectronic circuits

Litigation with respect to expressly unallowable costs

Litigation with respect to the allowability and allocability of IR&D costs relating to aircraft development

Litigation with respect to the allowability and allocability of IR&D costs relating to naval ship design and development

Litigation with respect to breach of a teaming agreement for a major U.S. aircraft system

Litigation with respect to the arbitrability of prime contractor/subcontractor disputes

Litigation of alleged false claims relating to compliance with the Buy American and Trade Agreements Acts

Litigation of alleged false claims relating to compliance with the General Services Administration's Price Reduction Clause

Litigation of alleged false claims relating to allowability of proxy contest costs

Litigation and mediation of claim relating to underpayments on contract for nationwide personal counseling services

Litigation with respect to the diversion of contract deliverables for FMS purposes

Litigation with respect to post-delivery damage and Government warranty claims

Litigation with respect to termination costs

Alternate Dispute Resolution

Classified arbitration relating to alleged breach of teaming agreement for design, development and production of satellites

Unclassified arbitration of claim against major Israeli contractorUnclassified mediation relating to alleged breach of teaming agreement for rocket motor technology

“Baseball”-style arbitration of claims under Government prime contract

Mediation of penalties assessed for expressly unallowable costs

Investigations

Investigation of alleged false claims relating to license fees and royalties included in prices billed to U.S. Government customers

Investigation of alleged cost-plus-percentage-of-cost violationsInvestigation of alleged false claims relating to application of profit to inter-affiliate transfers

Investigation of possible false claims raised by the United States Postal Service Office of Inspector General

Investigation of alleged false claims relating to contractor claims of commerciality

Investigation of potential false claims in connection with progress payment invoices

Investigation of numerous alleged false claims relating to defective cost or pricing data

Investigations of numerous kickback allegations

Investigation of numerous candidate disclosures under FAR Mandatory Disclosure Rule

Claims

Preparation of claim against the Department of Interior relating to underpayments on contract for nationwide personal counseling services

Preparation of claim under contract for overhaul of statewide information technology services contract

Preparation of claim relating to contract for production of plant machinery and equipment

Preparation of claims relating to contract for the design, development and production of unmanned aerial vehicles

Investigation, preparation and prosecution of various contract claims relating to ship design and construction

Investigation, preparation and prosecution of contract claims relating to extreme weather impacts

Investigation, preparation and prosecution of contract claims relating to business reorganizations

Representation of international sales agent in connection with claims for commissions against U.S. aircraft manufacturer

Response to numerous contractual “show cause” and “cure” letters

Representation of major aerospace contractor in connection with claims relating to failed rocket launch and loss of payload

Bid Protests

Numerous offensive and defensive bid protests at the Court of Federal Claims, GAO, and agency levels

Counseling

Audit Response

Buy American Act, Trade Agreements Act, and Appropriations Act Restrictions

Costs
•Allowability
•Allocability
•Reasonableness
•Credits
•Depreciation
•Economic Planning
•Environmental Costs
•Executive Compensation Costs
•Fines, Penalties and Mischarging
•Golden Handcuffs
•Golden Parachutes
•Idle Facilities and Idle Capacity
•IR&D
•Lobbying
•Manufacturing & Production Engineering
•Material Costs
•Organization Costs
•Relocation Costs
•Restructuring Costs
•Royalties
•Selling Costs
•Special Tooling and Special Test Equipment
•Termination Costs
•Legal and Other Proceedings Costs

Cost Accounting Standards

Cost or Pricing Data

Cost Analysis/Price Analysis

Inverted Domestic Corporations

ITAR Compliance

Multiple Award Schedule Contracting

Public Law 85-804/Extraordinary Contract Relief

Rights in Technical Data and Computer Software

Subcontracts and Flow Down Requirements

Teaming Agreements

Other

Government Contracts-related due diligence in support of Government Contracts-related mergers and acquisitions

Committee on Foreign Investment in the United States (“CFIUS”) oversight of M&A involving foreign buyers

Foreign Ownership, Control or Interest (“FOCI”) in contractors holding classified contracts

Opposition to numerous FOIA requests

Service as an ombudsman for a foreign defense contractor under an ITAR-related agreement with DDTC resolving alleged export violations

Publications & News

Articles

Selected Articles in Print
•Compulsory Confession Without Absolution: Complying With the FAR Mandatory Disclosure Rule, Thomson Reuters Westlaw Journal, September 2015
•10 Ways To Maximize Success Of Gov't Contract Claims, Law360, February 19, 2013
•The Budget Crunch, Fixed Price Contracts, and Lessons of the Past, National Defense, July 2012
•DOD Bid And Proposal Guidance --Is It Right?, Law360, December 19, 2011
•Q&A With Sheppard Mullin's John Chierichella, Law360, November 30, 2010
•Let's Just Eliminate All Pretense of Balance, Westlaw Journal, July 12, 2010
•The FAR's Contractor Business Ethics Compliance Program And Disclosure Requirements Require Significant Changes For All Government Contractors And Subcontractors, The Government Contractor, December 17, 2008

Selected Government Contracts, Investigations & International Trade Blog Posts
• Been to Confession Lately? October 27, 2015
• Those NDAs May Not Be Worth the Paper They Are Written On, March 24, 2015
• 'How Dare You Charge That for a Spare Part!' - The Untold Story of the X27 Interface Assembly, November 21, 2014
• Data Rights Redux - 10 Ways to Preserve Your IP, October 29, 2014
• Creating Intellectual Property is Hard; Losing It to Uncle Sam is Easy, September 24, 2013
• Teaming Agreements Called Into Question Under Virginia Law, April 29, 2013
• The ABC's of Government Contract Claims - 10 Ways to Maximize Your Chance of Success, January 28, 2013
• Penalties for Expressly Unallowable Costs - The ASBCA Reconsiders and Ups the Ante for Contractors, February 13, 2012
• DOD Issues New Guidance on B&P - But Is It Right? December 9, 2011
• 10 Ways To Waste Your B&P, June 16, 2011
• DCAA's Promises Of A New Mode of Operation Leading To Mutually Beneficial Relationships Evaporate Within Less Than Three Months, June 14, 2010
•DOD Director of Industrial Policy Assails Bid Protest Process -- Don't Confuse Me With the Facts, December 8, 2009
•Top Ten Reasons DCAA Should Let COs Do Their Bloody Job, November 9, 2009
• The Allocability of IR&D -- A Fork in the Road?, July 7, 2009
• There You Go Again - Does the Fourth Estate Even Try to Get it Right When it Comes to Government Contracts?, May 29, 2009
•DCAA And the Art of Intimidation - Some Historical Perspective, May 12, 2009
•DCAA And The Art Of Intimidation, April 9, 2009
•Violating the False Claims Act Without Actually Doing So - The Backdoor to Liability, May 15, 2008

 
ISLN908410673
 


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Office Information

John W. Chierichella

2099 Pennsylvania Avenue, N.W., Suite 100
WashingtonDC 20006-6801




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