Dave Nadler focuses his practice on bid protests; government audits and investigations; the False Claims Act; contract claims, terminations and disputes; government cost, accounting, and pricing issues; suspension and debarment cases; the Foreign Corrupt Practices Act; and government compliance matters, including mandatory disclosure issues.
Dave is consistently rated by Chambers USA and Legal 500 as one of the leading government contracts attorneys in the country. According to Chambers, “clients appreciate that he is ‘extremely responsive, very knowledgeable and provides common-sense advice. He understands how to advise businesses in a way that is practical from both a business and legal perspective.’” Seen as a “[t]rusted adviser,” clients also say that Dave “has great client relation skills, very deep experience and is able to anticipate issues, not just be reactive. He asks the right questions and this allows him to give the best advice.” Dave is recognized by sources as “a master of the subject matter” and as being “among the best government contracts attorneys in the country.”
Dave has been selected by Law360 as a Government Contracts MVP, and under his leadership the firm’s Government Contracts practice was twice selected by Law360 as a Practice Group of the Year. He is also a recipient of the Federal 100 award, which recognizes top executives from the government, academia, and the private sector for their contributions to the government contracts community. Dave also has been selected as a Top Lawyer, Government Contracts, by Washingtonian Magazine.
Government Contracts
Dave represents clients in all facets of federal, state, and local government contracting, including contract formation and performance issues; contract claims, terminations, and disputes; the GSA Schedule; and government cost, accounting, and pricing issues.
His practice also focuses on government compliance matters, including mandatory disclosure requirements, improper business practices, and conflicts of interest. Dave frequently represents companies in bid protests before the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims, and his work in this area has resulted in or protected billions of dollars in contract awards for clients. He also regularly represents companies in contract claims and dispute litigation before the agency boards of contract appeals and the courts.
Government Investigations and the False Claims Act
Dave represents companies in False Claims Act and qui tam enforcement, including internal investigations, DCAA and other agency audits, and government investigations by agency Offices of Inspectors General and the Department of Justice.
He has handled False Claims Act cases for clients in various industries, including defense, aviation, logistics, information technology, and professional services. Dave also represents companies in suspension and debarment cases and anti-corruption matters, including sanctions proceedings before the World Bank and other development banks.
Dave co-authored the chapter “Threshold Defenses” in The False Claims Act and Government Contracts: The Intersection of Federal Government Contracts, Administrative Law, and Civil Fraud (ABA Book Publishing, 2017).
Publications
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Mandatory Disclosure for Government Contractors
Briefing Papers (May 2018) -
Co-Author, The False Claims Act and Government Contracts: The Intersection of Federal Contracts, Administrative Law, and Civil Fraud
ABA Book Publishing (2017) -
Report to Congress Paints Difficult Landscape for DCAA
Law360 (July 31, 2017) -
It’s Full Steam Ahead for DCAA
Law360 (February 3, 2017) -
Critical GAO Bid Protest Deadlines and Timeline
Mainbrace (January 2017) -
Measuring DCAA’s Actual Progress on Incurred Cost Proposals
Law360 (November 17, 2016) -
World Bank Provides New Insights into Its Sanctions System
Law360 (June 28, 2016) -
Top Ten Bid Protest Considerations
Mainbrace (June 2016, No. 3)
Speaking Engagements
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Mandatory Disclosure
West’s Government Contracts Year-in-Review Conference (2008–2020) -
Beware of the Expanding Reach of the FCA: A Survey of New At-Risk Industries and Emerging Theories of Liability
American Conference Institute’s 6th Advanced Forum on False Claims and Qui Tam Enforcement (January 29, 2019) -
What Will the Future Bring? New Theories, New Claims, New Cases
American Conference Institute’s 5th Advanced Forum on False Claims and Qui Tam Enforcement (January 29, 2018) -
Claims, Disputes, and Terminations
PubKGroup Annual Year in Review (2017–2020) -
The Implied False Certification Theory Post-Escobar
American Conference Institute False Claims Act and Qui Tam Enforcement Conference (January 30, 2017) -
DCAA/DCMA Compliance: Cost, Pricing & Audits Forum
American Conference Institute (June 13, 2016)