Harvey Sherzer concentrates his practice on all areas of government contracts law, including counseling of high-tech and major traditional industrial defense companies; preparing complex claims and bid protests, some involving multibillion dollar procurements; trial and appellate practice before the Court of Federal Claims, the Court of Appeals for the Federal Circuit, and other forums; cost allowability and cost accounting standards; foreign military sales and financing (“FMS”/“FMF”); compliance and voluntary disclosures; False Claims Act/qui tam litigation, and white collar defense.
Government Contracts and International Counseling and Litigation
Harvey has strategized various corporate issues, including sales, acquisitions, and restructuring, of government contractors. He has negotiated agreements with the Department of Defense (“DOD”) and other agencies involving cost and other issues, including potential government claims to pension surpluses. Harvey was lead counsel in omnibus litigation involving industry-wide issues of multibillion dollar significance to determine government and contractor rights to pension surpluses and/or deficits in pension plans funded under government contracts. He also was lead counsel in many other cases before the Court of Federal Claims, agency contracts appeals boards, and other courts, and in protests before various agency contracting officers and the Government Accountability Office (“GAO”) involving significant multibillion dollar Defense procurements.
False Claims Act/Qui Tam and Other Litigation
Harvey has defended numerous False Claims Act cases, including defense of claims brought by private relators under the qui tam/whistleblower provisions of the Act. These cases involved a broad range of allegations, including inadequate or false testing, mischarging of time, gratuities, and kickbacks. He obtained a rare dismissal, after argument before the federal district and circuit courts, of a $200 million suit under the qui tam provisions of the False Claims Act.
Compliance, Internal Investigations, and Voluntary Disclosures
Harvey has conducted investigations of alleged irregularities, wrongdoing, or illegalities under government contracts, appeared as lead counsel in voluntary disclosures under the Department of Defense’s Voluntary Disclosure Program, defended against the threatened suspension and/or debarment of government contractors, and assisted in implementing reporting and compliance programs.
Harvey began his career in 1968 clerking for the Trial Judges of the U.S. Court of Federal Claims (formerly known as the Court of Claims). From 1969 to 1970, he clerked for the Honorable Wilson Cowen, Chief Judge of the U.S. Court of Appeals for the Federal Circuit.
Harvey has presented hundreds of lectures on government contracts, international contracting, fraud, internal investigations, compliance, and related topics. He is the author of numerous articles and other publications, including a book he co-authored about the Department of Defense’s program for voluntary disclosure of possible irregularities under government contracts.