Government contractors rely on David Hammond’s over 30 years of experience advising government contractors on a wide range of issues, especially in connection with overseas contingency operations. Described as a “go to guy” for battlefield contractors, David has solved numerous complex and politically sensitive disputes arising in foreign countries, has saved billions of dollars in government contracts at risk, and does not back down when faced with corrupt foreign government officials. He is known as a team builder who comes up with creative and novel strategies to achieve his clients’ objectives.
David represents domestic and foreign government contractors on matters before all three branches of the federal government, many of which require crisis management. He has successfully represented defense, security, intelligence, and aerospace companies in matters involving awards and protests, internal investigations, voluntary and mandatory disclosures, congressional investigations and hearings, false claims, suspension and debarment, and prime-subcontractor disputes.
David was the founding chair of the Government and Legal Affairs Committee of the International Stability Operations Association. He has litigated government contract disputes and other procurement matters before the U.S. Court of Appeals for the Federal Circuit, federal district courts, the Government Accountability Office, the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals, the Small Business Administration, and state administrative agencies.
Representative Matters
- Represented a prime contractor in connection with corruption allegations in an Iraq Foreign Military Sales program, including a successful strategy for dismissal of multi-million civil claims filed against the client by its local partner in Iraqi courts.
- Represented prime contractor in connection with allegations of corrupt conduct by foreign government officials and their interference in a major U.S. military logistics contract.
- Represented a company in a 14-month effort to successfully release hundreds of millions of U.S. funds frozen by a Middle East government in connection with efforts by other foreign government officials to illegally expropriate the funds.
- Represented a contractor in reversing within 30 days a decision to deny the contractor access to U.S. military bases in a foreign country that would have put billions of dollars at risk in the performance of current and future base support contracts.
- Represented a contractor in a series of multiple bid protest at GAO and the Court of Federal Claims involving a billion-dollar U.S. military logistics contract in the Middle East.
- Represented contractors in defending against false allegations of human trafficking violations in Iraq and Afghanistan.
- Represented company executives in strategies to defend and rebut false allegations of criminal conduct in foreign countries brought by foreign government officials for political or other improper reasons.
- Represented a company in reversing a foreign government’s decision to deny exports authorization based on false allegations of human rights abuse.
- Represented a contractor in connection with the successful arbitration of claims involving damage to tractor trailers leased and used in Iraq during the war.
- Represented an aerospace company in connection with the Senate Armed Services Committee's investigation of counterfeit parts in the defense supply chain.
- Assisted with the overall litigation strategy and conducted/defended key depositions in connection with the successful defense of a False Claims Act case filed in the Eastern District of Virginia, which ended with a jury verdict in favor of the defendant.
- Represented numerous contractors in connection with making decisions regarding whether, when, and how to disclose alleged wrongdoing to the government.
- Represented a contractor in connection an off-duty shooting in Afghanistan, the internal investigation, and the subsequent Congressional Hearing by the Senate Armed Services Committee.
- Represented a foreign contractor in connection with vacating a civil judgment in the U.S. for lack of jurisdiction.
- Advised a security contractor regarding the strategy that resulted in the successful dismissal of a wrongful death case by a panel of arbitrators.
- Represented a foreign contractor in a civil defamation case where the submission of false and defamatory information submitted to the Government was traced to a competitor's IP address.
- Represented a contractor before the Small Business Administration in the successful defense of a small business size protest challenging the independent contractor status of personnel working in Iraq and Afghanistan.
- Represented a client before the Commission on Wartime Contracting, including a hearing on the use of security contractors.
- Advised an aerospace company in connection with reversing a prior source selection decision by a foreign country under the Foreign Military Sales program and having the client's equipment purchased instead.
- Represented contractors before a suspension and debarment officers to successfully prevent the companies from being debarred after plea deals involving violations of export control laws.
- Successfully litigated a termination for default for an electronics manufacturer at the Armed Services Board of Contract Appeals.
- Advised defense contractors regarding foreign ownership, control, and influence (FOCI) in connection with maintaining the company's facility clearance after being acquired by a foreign company.
- Represented numerous pharmaceutical companies in connection with the pricing of their drugs to U.S. government purchases and related compliance issues.
- Successfully represented a Texas state agency in an administrative hearing to terminate a grantee for fraud and abuse.
Insights
Speeches & Presentations
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"Perspectives from In-House Counsel," OOPS 2017, Crowell & Moring's 33rd Annual Ounce of Prevention Seminar, Washington, D.C.
(May 4, 2017).
Moderator: David C. Hammond.
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"Investigations – Part II: Interacting with Regulators," OOPS 2016, Crowell & Moring's 32nd Annual Ounce of Prevention Seminar, Washington, D.C.
(May 25-26, 2016).
Moderator: David B. Robbins; Panelists: Kelly T. Currie, David C. Hammond, Brian Persico, and Maria Swaby.
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"Health Care," OOPS 2015, Crowell & Moring's 31st Annual Ounce of Prevention Seminar, Washington, D.C.
(May 5-6, 2015).
Moderator: David J. Ginsberg; Panelists: David C. Hammond, Troy A. Barsky, and James G. Flood.
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"Doing Business in a Budget Crisis," Crowell & Moring's 2012 Ounce of Prevention Seminar (OOPS), Washington, D.C.
(May 9-10, 2012).
Co-Speakers: W. Stanfield Johnson and David C. Hammond.
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"Continuing Opportunities and Challenges in Afghanistan, Iraq, and Pakistan Contracting," Caught in the Federal Procurement Fish Bowl, 26th Annual Ounce of Prevention Seminar (OOPS), Crowell & Moring, Washington, D.C.
(May 26-27, 2010).
Presenters: David C. Hammond, Robert S. Nichols and Christopher E. Gagne.
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"Accountability for Civilians in the Battle Space," ABA Continuing Legal Education Program
(March 19, 2009).
Speaker: David C. Hammond.
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"Foreign Contractors: Jurisdiction, Internal Investigations and Congressional Oversight," Defining the Boundaries: The Use of Private Contractors in Contingency Operations - ABA Annual Meeting, New York, NY
(August 9, 2008).
Speaker: David C. Hammond.
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"Combating Terrorism: Charting the Course for a New Administration," Center on Law, Ethics and National Security, Duke University School of Law, Durham, NC
(April 10, 2008).
Panelist re Using Private Contractors: Issues of Accountability: David C. Hammond.
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"Privatizing Defense: Blackwater, Contractors, and American Security," The Center On Law and Security, New York School of Law, New York, NY
(April 3, 2008).
Panelist re Managing Parameters: Moral and Legal Questions: David C. Hammond.
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"Acquisition Improvement and Accountability Act of 2007: Title VIII of the National Defense Authorization Act for Fiscal Year 2008 (H.R. 4986)," Crowell & Moring Webinar - Procurement Reforms in the 2008 DOD Authorization Bill
(February 8, 2008).
Co-Presenters: Terry L. Albertson, Alan W. H. Gourley, Shauna E. Alonge, Elizabeth W. Newsom, David C. Hammond and Rogelyn D. McLean.
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"Strategies for Securing National Contracts and Blanket Purchase Agreements and Overview of the 'Big Four' and Their Pharmaceutical-Related Programs," Big Four Pharmaceutical Pricing Boot Camp, New York, NY
(May 22, 2007).
Speaker: David C. Hammond.
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"Contractors on the Battlefield: The Challenge of Managing Risks in a War Zone: Lessons Learned," National Contract Management Association's World Congress, Dallas, Texas
(April 25, 2007).
Speaker: David C. Hammond.
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"Battlefield Contracting: Lessons Learned, Contract Services Association," Washington Conference 2006
(October 11, 2006).
Speaker: David C. Hammond.
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"Contractors on the Battlefield: Limiting Liability and Protecting the Company in a War Zone," Ounce of Prevention Seminar
(April 2006).
Co-Speakers: David Hammond and Amy Laderberg O’Sullivan.
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"340B Inpatient Drug Discounts: A Status Report," The 340B Coalition Ninth Annual Conference, Washington, DC
(July 10, 2005).
Speaker: David C. Hammond.
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"Contracting in a Real Minefield – Iraq," Ounce of Prevention Seminar
(April 2005).
Co-Speakers David Hammond and Amy Laderberg O’Sullivan.
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"Jurisdiction Over Contractors And Their Personnel, Roundtable Discussion: Audits and Investigations of Iraq Contracting," Crowell & Moring, Washington, DC
(September 15, 2004).
Speaker: David C. Hammond.
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"The New Best Price Exemption for Inpatient Pharmaceuticals: Lessons Learned from a Limited Free Market Attempt to Change a Price-Controlled Market," The Eighth Annual 340B Coalition Conference, Washington, DC
(July 13, 2004).
Speaker: David C. Hammond.
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"Defense Base Act Issues and Contractors Accompanying a Force Deployed," Roundtable Discussion: Battlefield Contractors, Crowell & Moring, Washington, DC
(May 5, 2004).
Speaker: David C. Hammond.
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"Ask the Experts (Panelist)," Opportunities and Challenges Under Medicare Rx Reform, hosted by the Public Hospital Pharmacy Coalition, Washington, DC
(February 27, 2004).
Speaker: David C. Hammond.
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"Medicare Competitive Bidding for Part B Services," Federal Health Care Contracting, American Bar Association Section of Pubic Contract Law and the National Contract Management Association, Washington, DC
(June 23, 1999).
Speaker: David C. Hammond.
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"Compliance Issues Facing Departments of Defense and Veterans Affairs Medical, Surgical & Pharmaceutical Contractors," American Bar Association Annual Meeting, Section of Public Contract Law and Health Section, Toronto, Canada
(August 1, 1998).
Speaker: David C. Hammond.
Publications
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"Importance of Disclosures and Cooperation During and After Internal Investigations," Crowell & Moring's Government Contracts Legal Forum
(May 31, 2016).
Authors: David Robbins, David Hammond, and Kelly Currie.
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"Regulatory Forecast 2015: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication
(January 2015).
Contributor.
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"New DFARS Safeguards and Reporting Requirements," Crowell & Moring's E-Discovery Law Insights
(December 11, 2013).
Co-Authors: David Z. Bodenheimer, David C. Hammond and Evan D. Wolff.
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"The First Prosecution of a Contractor Under the UCMJ: Lessons for Service Contractors," Service Contractor, Professional Services Council
(Fall 2008).
Author: David C. Hammond.
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"Holding Battlefield Contractors Accountable: Federal Removal Protects Federal Interests," Washington Legal Foundation - Legal Backgrounder, Vol. 21, No. 13
(April 2006).
Author: David C. Hammond.
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"Limitations on Government Contractor Liability After September 11: Emerging Issues In The Context of Homeland Security," Andrews Government Contract Litigation Reporter, Volume 17, Issue 8
(2003).
Co-Author: David C. Hammond.
Client Alerts & Newsletters
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"Less Risk, More Reward: DoD Proposed Rule on Operational Contract Support Expands Overseas Contracting Opportunities,"
Government Contracts Bullet Points
(January 22, 2021).
Contacts: David C. Hammond, Alexandra Barbee-Garrett
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"Investigation and Disclosure Best Practices,"
Government Contracts Bullet Points
(June 6, 2016).
Contacts: David C. Hammond, Kelly T. Currie
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"VIDEO: Crisis Management for Government Contractors,"
Government Contracts Bullet Points
(April 16, 2015).
Contact: David C. Hammond
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"New DFARS Safeguards and Reporting Requirements,"
Government Contracts Bullet Points
(December 9, 2013).
Contacts: David C. Hammond, Evan D. Wolff
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"Arbitrability Is for the Arbitrator to Decide,"
Government Contracts Bullet Points
(April 2, 2013).
Contacts: David W. O'Brien, David C. Hammond, Brian Tully McLaughlin
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"Whistleblower's FCA Claims Fail Public Disclosure and First-to-File Bars,"
Government Contracts Bullet Points
(April 1, 2013).
Contacts: David C. Hammond, David W. O'Brien, Brian Tully McLaughlin
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"Defense Verdict in Security Contractor Trial Affirmed,"
Government Contracts Bullet Points
(December 14, 2012).
Contacts: Brian Tully McLaughlin, David C. Hammond, David W. O'Brien
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"Effect of Unilateral Contract Assignment Questioned,"
Government Contracts Bullet Points
(December 13, 2010).
Contact: David C. Hammond
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"Recovery Act CRIB Sheet For Government Contractors, Part II, The Interim FAR,"
Government Contracts Bullet Points
(April 3, 2009).
Contacts: Alan W. H. Gourley, David C. Hammond, Adelicia R. Cliffe
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"Iraq Delays Enforcement Of Certain Laws,"
Government Contracts Bullet Points
(January 5, 2009).
Contact: David C. Hammond
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"The Status Of Forces: Largely Uncertain,"
Government Contracts Bullet Points
(December 16, 2008).
Contact: David C. Hammond
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"Contingency Contractor Beware,"
Government Contracts Bullet Points
(October 29, 2008).
Contact: David C. Hammond
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"All Those Disclosure Requirements -- They Just Keep Coming,"
Government Contracts Bullet Points
(July 3, 2008).
Contact: David C. Hammond
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"Federal Taxes, Contractor Responsibility, and Suspension and Debarment,"
Government Contracts Bullet Points
(April 25, 2008).
Contact: David C. Hammond
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"Latest DoD "Reform" Act Is Far-Reaching,"
Government Contracts Bullet Points
(December 10, 2007).
Contact: David C. Hammond
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"Further Progress On What Used To Be The Berry Amendment,"
Government Contracts Bullet Points
(July 5, 2007).
Contacts: Alan W. H. Gourley, David C. Hammond, John E. McCarthy Jr.
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"No Longer The Berry Amendment But Worse,"
Government Contracts Bullet Points
(October 12, 2006).
Contact: David C. Hammond
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"False Invoices Under CPA Contract Not False Claims "Presented" To U.S. Government,"
Government Contracts Bullet Points
(August 21, 2006).
Contact: David C. Hammond
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"Crowell & Moring Rated Leading Government Contracts Firm,"
Government Contracts Bullet Points
(July 27, 2006).
Contacts: George D. Ruttinger, David C. Hammond
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"Battlefield Contractors Need Federal Forum For Tort Claims,"
Government Contracts Bullet Points
(April 21, 2006).
Contact: David C. Hammond
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"DOD Issues Final Rule Re Criminal Jurisdiction Over Employees Of Battlefield Contractors,"
Government Contracts Bullet Points
(March 2, 2006).
Contact: David C. Hammond
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"District of Columbia Law Limiting Pharmaceutical Prices Held Unconstitutional,"
Health Care Alert
(January 4, 2006).
Contact: David C. Hammond
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"Technical Data Rights Decision Blurs Issues,"
Government Contracts Bullet Points
(November 21, 2005).
Contact: David C. Hammond
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"Emergency Procurements In Support Of Hurricane Katrina Relief,"
Government Contracts Bullet Points
(September 6, 2005).
Contacts: Marc F. Efron, David C. Hammond
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"CPA Procurements Subject to Civil False Claims Act,"
Government Contracts Bullet Points
(August 9, 2005).
Contacts: Brian C. Elmer, David C. Hammond
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"DoD Issues Final Rule About Contractor Personnel In The Battlefield,"
Government Contracts Bullet Points
(May 10, 2005).
Contact: David C. Hammond
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"As He Exits, Bremer Leaves Contractors With Limited Immunity From Iraqi Law,"
Government Contracts Bullet Points
(June 30, 2004).
Contacts: David C. Hammond, Alan W. H. Gourley
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"Navy Pays Lost Profits For Misappropriating FSS Contractor's Data,"
Government Contracts Bullet Points
(March 10, 2004).
Contacts: David C. Hammond, Amy Laderberg O'Sullivan
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"Defense Contractors Begin To Feel Effect Of DoD Requirement To Provide Unique Item Identifiers And Unit Cost Information,"
Government Contracts Bullet Points
(February 9, 2004).
Contacts: David C. Hammond, John E. McCarthy Jr.
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"CFC Requires Strict Adherence To FAR’s Data Rights Clause,"
Government Contracts Bullet Points
(January 28, 2004).
Contacts: David C. Hammond, John E. McCarthy Jr.
Press Coverage
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Russian Lazareva's Defense Calls For Full Exoneration After Release From Kuwait Prison
June 14, 2019 — UrduPoint
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Christian Businesswoman Released From Kuwait Prison On Bail Month After Posting Millions Of Dollars, Legal Team Says
June 12, 2019 — The Daily Caller
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This Month's UN Security Council Head Is Accused Of Wrongly Imprisoning A Christian Businesswoman
June 6, 2019 — The Daily Caller News Foundation
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Kuwaiti Judge Rejects Testimony On Behalf Of Imprisoned Female CEO
May 15, 2019 — Newsmaxworld
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Kuwaiti Court Dismisses Guilty Verdict In Port Fraud Case, Then Raises Defendents' Bail To $168M
May 10, 2019 — Forbes
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Lawyers Raise Prospect Of "Special Measures" Against Dubai As Dispute Over Frozen $500M Drags On
January 17, 2019 — Forbes
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Kuwait Investment Fund Raises Alarm Over Alleged Attempt To Seize $500M Frozen In Dubai Bank
October 12, 2018 — Forbes
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Government Contracts Group of the Year: Crowell & Moring
January 6, 2016 — Law360
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Expert Tells Federal Contractors to Play It Safe, Invest in Compliance
May 12, 2015 — Bloomberg BNA
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Self-Reporting Is All The Rage In Recent Contractor Regs
August 25, 2014 — Law360
Firm News & Announcements