John W. Chierichella

John W. Chierichella: Attorney with Sheppard, Mullin, Richter & Hampton LLP AV stamp icon
Attorney Awards

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

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

John 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.

John 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
•Leading Lawyer in Government, Chambers USA
•National Recognition as an Elite Leading Lawyer in Government Contracts, Legal 500
•Best Lawyers in America, Best Lawyers
•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 claims relating to restructuring costs under CAS 406

Litigation of claims against HHS on behalf of a service-disabled small business

Litigation relating to costs arising from storm damage incurred by Hurricane Katrina

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 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

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

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 violations

Investigation 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 potential disclosures under FAR Mandatory Disclosure Rule

Claims

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

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

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

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

FOIA

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

Articles

Selected Recent Articles in Print

•DoD Policy Memorandum Rejects Sweeps Data, National Defense Magazine , National Defense, September 2018
•Achieving Cyber-Fitness in 2017: Part 6-Potential Liabilities and Putting It All Together , The Government Contractor, December 6, 2017
•Industry Struggles with Ever Changing Acquisition Rules , National Defense, September 26, 2017
•Achieving Cyber-Fitness in 2017: Part 5-Cyber Incident Reporting and Response , The Government Contractor, September 13, 2017
•Achieving Cyber-Fitness in 2017: Part 4-Subcontracts, Joint Ventures And Teaming Agreements , The Government Contractor, June 14, 2017
•Presidential Executive Order on Cybersecurity: No More Antiquated IT , Bloomberg Law Privacy and Security Law Report, May 29, 2017
•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

Selected Government Contracts, Investigations & International Trade Blog Posts

• GAO Annual Report On Bid Protests: 2018 Yields More Protests, More Merit Decisions, But Fewer Sustains and Fewer Hearings, December 3, 2018
• OSD Issues Policy Guidance Rejecting “Sweeps” Data, June 27, 2018
• Clearly Erroneous Audit Assertion - An Expensive Thorn in Contractors’ Sides, December 1, 2017
• Industry Struggles With Ever Changing Acquisition Rules, October 26, 2017
• Presidential Executive Order on Cybersecurity: No More Antiquated IT, May 30, 2017
• Defense Contractors to Face New Cost Accounting Oversight with Creation of Defense Cost Accounting Standards Board, April 26, 2017
• 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

Books

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

Media Mentions

•ABA Section Flags Problems With DFARS/NIST Cybersecurity Guidance
The Government Contractor , June 13, 2018
•Navy Contractor Can’t Stay $43M Submarine Oxygen Contract
Law360 , August 16, 2017
•Trump 'Freeze' Puts Rules in Limbo, But Contractors May Not Mind
Bloomberg BNA Federal Contracts Report , June 14, 2017
•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

Events

•NCMA's 36th Annual Government Contract Management Symposium
Arlington, VA
December 4, 2017
•Where Are We Headed? Trends and Directions in the Aerospace & Defense Market 2018
Washington, D.C.
November 1, 2017
•Lunch With Your Cybersecurity Lawyer
Sheppard Mullin DC
September 28, 2017

Areas of Practice (5)

  • Government Contracts, Investigations & International Trade
  • CFIUS: Foreign Investment in the U.S.
  • White Collar Defense and Corporate Investigations
  • Litigation
  • 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; District of Columbia; California; 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.

Documents (34)

Documents by this lawyer on Martindale.com

Washington, District of Columbia

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