John W. Chierichella

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

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, compliance reviews and internal investigations, and qui tam and other False Claims Act litigation, teaming disputes, and GSA's Multiple Award Schedule (MAS) Program.

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

•Leading lawyer in Government, Chambers USA, 2016
•Chambers & Partners', Tier 1 National Ranking
•National Recognition as an Elite Leading Lawyer in Government Contracts, Legal 500, 2016
•Best Lawyers in America, Best Lawyers, 2007-2017
•Washington, D.C. Super Lawyer, 2016-2017
•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 contractor

Unclassified 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

Articles

Selected Articles in Print

•Achieving Cyber-Fitness In 2017: Part 3-Proving Compliance And The Role Of Third-Party Auditors, The Government Contractor, April 5, 2017
•Achieving Cyber-Fitness in 2017: Part 2-Looking Beyond The FAR And DFARS- Other Safeguarding And Reporting Requirements , The Government Contractor, February 22, 2017
•What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers - Volume 10 , Pratt's Government Contracting Law Report, January 2017
•Achieving Cyber-Fitness in 2017: Part 1--Planning for Compliance , The Government Contractor, February 1, 2017
•The Enemy Within : The Soft Underbelly of Cybersecurity , Metropolitan Corporate Counsel, November 2016
•The Impact of Foreign Buyers on Mergers and Acquisitions Involving Government Contractors: Preserving the Facility Security Clearance (Part II), October 12, 2016
•Identifying and Mitigating Organizational Conflicts of Interest in Government Contracts Mergers and Acquisitions, Bloomberg BNA, October 11, 2016
•The Impact of Foreign Buyers on Mergers and Acquisitions Involving Government Contractors: Preserving the Facility Security Clearance (Part I), The Government Contractor, October 5, 2016
•Where to Look for Low Hanging Fruit , Contract Management - Due Diligence in Government Contracts Mergers and Acquisitions, September 2016
•Roadmap to Obtaining Government Consent for Corporate Transactions Involving Government Contractors, Financier Worldwide Magazine, September 2016
•Investing in Small Business - Navigating SBA's Affiliation Rules, The Government Contractor, August 24, 2016
•The Impact of Government Contracts on The Structure of Corporate Transactions, Financier Worldwide Magazine, August 2016
•Contractor Mergers and Acquisitions: Issues to Watch , National Defense, June 2016
•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

•“Defense Contractors to Face New Cost Accounting Oversight with Creation of Defense Cost Accounting Standards Board,” April 26, 2017
• Achieving Cyber-Fitness In 2017: Part 1-Planning For Compliance, February 28, 2017
• What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers, Volume 10, October 18, 2016
• What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers, Volume 9, September 6, 2016
• What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers, Volume 8, August 15, 2016
• What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers, Volume 7, July 27, 2016
• What GSA Can Learn from the National Parks Service, June 30, 2016
• What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers, Volume 6, June 23, 2016
• What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers, Volume 5 May 23, 2016
• What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers, Volume 4 April 21, 2016
• What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers, Volume 3 March 17, 2016
• What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers, Volume 2, February 12, 2016
• What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers, Volume 1, January 14, 2016
• 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

Books

•GSA Schedule Handbook, First through Eighth Editions
Co-Authored (2008-2015)

Media Mentions

•Federal Contractors Brace for Insider Threat Rule
Compliance Week , September 13, 2016
•Pentagon Weighs Strategy to Secure 'Trusted' Electronics Suppliers
National Defense , July 11, 2016

Areas of Practice (13)

  • Litigation
  • Alternative Dispute Resolution
  • General Litigation
  • Government Contracts, Investigations & International Trade
  • Bid Protests
  • Claims
  • 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
  • Aerospace and Defense

Education & Credentials

Contact Information:
202.747.1903  Phone
202.747.3801  Fax
www.sheppardmullin.com
University Attended:
Cornell University, A.B., 1969
Law School Attended:
Columbia Law School, J.D., 1972
Year of First admission:
1973
Admission:
U.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

ISLN:
908410673

Peer Reviews

  • 5.0/5.0
  • A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.

*Peer Reviews provided before April 15, 2008 are not displayed.

Client Reviews

This attorney does not have client reviews.
Disclaimer

Documents ({{amountArticles}})

Documents by this lawyer on Martindale.com
Other documents: ,

Washington, District of Columbia

Contact John W. Chierichella

Please correct the fields highlighted in red.

By clicking on the "Submit" button, you agree to the Terms of Use, Supplemental Terms and Privacy Policy. You also consent to be contacted at the phone number you provided, including by autodials, text messages and/or pre-recorded calls, from Martindale and its affiliates and from or on behalf of attorneys you request or contact through this site. Consent is not a condition of purchase.


You should not send any sensitive or confidential information through this site. Emails sent through this site do not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent though this site could be intercepted or read by third parties.