Lyndsay Gorton is a Government Contracts counsel in Crowell & Moring’s Washington, D.C. office. Her practice focuses on government contracts litigation and counseling, including government investigations, fraud matters under the False Claims Act, bid protests, and federal and state regulatory compliance. In addition to her primary government contracts practice, Lyndsay has federal court litigation experience representing a broad variety of clients in commercial litigation matters, and has led and managed teams at every stage of litigation, including discovery, dispositive motion practice, trial, and settlement. She also uses her litigation experience to assist her clients with internal investigations, risk management, and compliance.
Lyndsay also maintains an active pro bono practice and is currently representing a client before the U.S. Court of Appeals for the Sixth Circuit in an appeal of a district court decision under the Hague Convention on the Civil Aspects of Child Abduction.
Representative Matters
- Represents government contractors relating to alleged violations of the civil False Claims Act and Anti-Kickback Act in District Courts around the United States, including in the District of Columbia, the Eastern District of Virginia, and others.
- Represents government contractor in the United States Court of Appeals for the District of Columbia appealing a successful defense of protest challenging award of contract by Washington Metropolitan Area Transit Authority.
- Serves as second chair trial counsel for a Fortune 20 company in the largest pharmaceutical multi-district litigation in the country.
- Represents government contractors in responses to non-party subpoenas issued pursuant to Rule 45 of the Federal Rules of Civil Procedure (FRCP) in various types of federal court litigation.
- Represents government contractors on investigations provided to various inspector general offices and federal agencies, including the Department of Defense and the Senate Permanent Subcommittee on Investigations.
- Represented associations serving Alaska Native regional and village corporations as intervenor-defendants in federal district court litigation under the Administrative Procedure Act challenging the Secretary of Treasury’s determination of which “Tribal governments” are eligible for relief funds under the Coronavirus Aid, Relief, and. Economic Security Act (CARES Act).
- Completed secondment to a technology-focused government contractor to assist with internal investigations based on ethics hotline complaints.
- Represented small business government contractors on bid protests at the Government Accountability Office (GAO), including a successful entitlement for costs.
- Represented a small business subcontractor in a prime contractor-subcontractor dispute through the course of state court litigation.
- Represented government contractors and other companies before state and federal courts to defend employment-related claims brought under federal and state law.
- Participated in two trial teams based on federal preemption and constitutional law questions related to local agency decisions to award on state power grids.
Speeches & Presentations
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“FY2023 NDAA: Need-to-Know Provisions for Government Contractors” National Contract Management Association
(January 18, 2023).
Speakers: Michael Gruden, Olivia Lynch, Stephanie Crawford, Christopher Garcia, Lyndsay Gorton, Rina Gashaw, Alexandra Barbee-Garrett, and Rachel Schumacher.
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“Procurement Fraud and Enforcement,” GC 101: Back to Basics, Washington, D.C.
(September 21, 2022).
Presenters: Tully McLaughlin, Trina Barlow, Agustin Orozco, and Lyndsay Gorton.
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"New and Recurring Issues in False Claims Act Investigations," Responding to Government Investigations: The Latest Developments and Strategies for Government Contractors, Washington, D.C.
(May 17, 2022).
Speakers: Lyndsay A. Gorton, Brian Tully McLaughlin, Warrington Parker, and Michael Shaheen.
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"Procurement Fraud and the False Claims Act," Back Together Again for OOPS 2022, Washington, D.C.
(May 17, 2022).
Speakers: Stephen Byers, Alexis Victoria DeBernardis, Lyndsay A. Gorton, Brian Tully McLaughlin, and Agustin Orozco.
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"Supply Chain Considerations for Government Contractors," Crowell & Moring's Supply Chain Webinar Series
(December 9, 2021).
Speakers: Adelicia R. Cliffe, Stephanie L. Crawford, Lyndsay A. Gorton, and M. Yuan Zhou.
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"State and Local Government: Contracting Risks and Opportunities," Crowell & Moring's Government Contracts 101 Seminar 2021
(October 19, 2021).
Speakers: Lyndsay A. Gorton, Laura J. Mitchell Baker, and Alexandra Barbee-Garrett.
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"Part 1 - A Look at the Top False Claims Act Developments of 2020," Crowell & Moring Webinar
(February 9, 2021).
Presenters: Brian Tully McLaughlin, Jared Engelking, Lyndsay A. Gorton, and Nkechi Kanu.
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"Digital Transformation and Government Contracts – Hold on to Your Hats," OOPS 20/20 - Setting Your Sights
(October 19, 2020).
Presenters: Michelle Ann Gitlitz, Mana Elihu Lombardo, Evan D. Wolff, and Lyndsay A. Gorton.
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"State and Local Government: Contracting Risks and Opportunities," Government Contracts "101" - Back to Basics Webinar
(September 22, 2020).
Presenters: David J. Ginsberg, Mana Elihu Lombardo, and Lyndsay A. Gorton.
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"Top Challenges Facing Federal Agencies COVID-19 Emergency Relief and Response Efforts and How Contractors Can Prepare for Inspector General Audits and Investigations," The Coalition for Government Procurement
(July 2, 2020).
Speakers: Lorraine M. Campos, Brian Tully McLaughlin, and Lyndsay A. Gorton.
Publications
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"Pharmaceutical Products Liability Litigation Impossibility Pre-emption Defence," PDF
(June 7, 2022).
Authors: Andrew D. Kaplan and Lyndsay A. Gorton.
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"FEATURE COMMENT: The Top FCA Developments Of 2021," The Government Contractor, Vol. 64, No. 7
(February 16, 2022).
Authors: Tully McLaughlin, Lyndsay A. Gorton, Nkechi Kanu, Payal Nanavati, and Matt Vicinanzo.
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"Tipping The Scales: Third Circuit Weighs In On Circuit Split Regarding The Government's Dismissal Authority Over False Claims Act Qui Tams," Westlaw Today
(November 23, 2021).
Authors: Brian Tully McLaughlin, Lyndsay A. Gorton, Michael Shaheen, and Amanda H. McDowell.
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"False Claims Act Consent Judgment Prompts Termination Of SDVOSB Status Even Without An Admission Of Liability," Westlaw Today
(July 12, 2021).
Authors: Olivia Lynch, Brian Tully McLaughlin, Lyndsay A. Gorton, and Zachary Schroeder.
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"FEATURE COMMENT: You Win Some, You Lose Some: In Wake of Ninth Circuit Defeat, the Governments Gets a Big Win from Seventh Circuit Ruling Expanding its Dismissal Authority over FCA Qui Tam Actions," The Government Contractor, Vol. 62, No. 34
(September 16, 2020).
Authors: Brian Tully McLaughlin, Jacinta Alves, Preston L. Pugh, Lyndsay A. Gorton, and Sean K. Griffin.
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"Lessons From OIG Relief Funding Oversight Report," Law360
(July 30, 2020).
Authors: Lorraine M. Campos, Jacinta Alves, Brian Tully McLaughlin, Gail D. Zirkelbach, Stephanie L. Crawford, and Lyndsay A. Gorton.
Client Alerts & Newsletters
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"FY 2023 National Defense Authorization Act: Key Provisions Government Contractors Should Know,"
Government Contracts Bullet Points
(December 28, 2022).
Contacts: Alexandra Barbee-Garrett, Adelicia R. Cliffe, Stephanie L. Crawford, Maria Alejandra (Jana) del-Cerro, Christopher D. Garcia, Rina M. Gashaw, Lyndsay A. Gorton, Michael G. Gruden, CIPP/G, Jacob Harrison, Olivia Lynch, John E. McCarthy Jr., Per David Midboe, Rachel Schumacher, Zachary Schroeder, Robert J. Sneckenberg, Anuj Vohra, Alexis Ward, Darianne Young
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"DoD Will Consider Contract Adjustments Addressing Inflation,"
Government Contracts Bullet Points
(September 12, 2022).
Contacts: Jonathan M. Baker, Peter Eyre, Robert J. Sneckenberg, Anuj Vohra, Lyndsay A. Gorton
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"The CHIPS Are Down and Incentives Flow as Congress Attempts to Vitalize the U.S. Semiconductor Industry,"
Government Contracts Bullet Points
(August 3, 2022).
Contacts: W. Scott Douglas, Stephanie L. Crawford, Lyndsay A. Gorton, Byron R. Brown
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"Procurement Collusion Strike Force Nabs Another Military Contractor in Bid Rigging Scheme,"
Government Contracts Bullet Points
(June 27, 2022).
Contacts: Stephen M. Byers, Alexis Victoria DeBernardis, Lyndsay A. Gorton, Agustin D. Orozco, Cherie J. Owen
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"U.S. Supreme Court Poised to Resolve Two FCA Circuit Splits,"
Government Contracts Bullet Points
(June 22, 2022).
Contacts: Brian Tully McLaughlin, Michael Shaheen, Lyndsay A. Gorton, Amanda H. McDowell
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"President Issues DPA Determination to Promote Domestic Supply of Strategic and Critical Materials for Large-Capacity Batteries,"
Government Contracts Bullet Points
(April 8, 2022).
Contacts: Stephanie L. Crawford, Lyndsay A. Gorton, Byron R. Brown, John E. McCarthy Jr., Jonathan M. Baker
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"The FCA Does Not Assess Liability Through Ambush: Fourth Circuit Joins the List of Circuits Applying Safeco Inquiry to Legally False Claims,"
Government Contracts Bullet Points
(March 10, 2022).
Contacts: Brian Tully McLaughlin, Lyndsay A. Gorton, Amanda H. McDowell
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"The Top FCA Developments of 2021,"
Government Contracts Bullet Points
(February 25, 2022).
Contacts: Brian Tully McLaughlin, Lyndsay A. Gorton, Nkechi Kanu, Payal Nanavati, Matthew Vicinanzo
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"Lithium Powered: Biden-Harris Administration Issues Update on Support and Challenges Facing Made in America Supply Chain for Critical Minerals,"
Government Contracts Bullet Points
(February 24, 2022).
Contacts: Lyndsay A. Gorton, Peter Eyre, Byron R. Brown, Stephanie L. Crawford
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"What’s Really Behind Those High Prices – Supply Shortage or Unlawful Collusion? DOJ Launches New Probe into Collusion in Supply Chain,"
Antitrust Law Alert
(February 18, 2022).
Contacts: Alexis Victoria DeBernardis, Megan L. Wolf, Daniel L. Zelenko, Ryan C. Tisch, Lyndsay A. Gorton
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"Failing Health: NDIA’s Annual Vital Signs Report Highlights Weaknesses in the Defense Industrial Base Supply Chain,"
Government Contracts Bullet Points
(February 10, 2022).
Contacts: Peter Eyre, Lyndsay A. Gorton, Catherine O. Shames
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"A False Claims Act First: Eleventh Circuit Holds That the Excessive Fines Clause Applies to Non-Intervened Cases,"
Government Contracts Bullet Points
(February 4, 2022).
Contacts: Brian Tully McLaughlin, Michael Shaheen, Lyndsay A. Gorton
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"National Defense Authorization Act for Fiscal Year 2022: Acquisition Policy Changes of Which Government Contractors Should Be Aware,"
Government Contracts Bullet Points
(December 30, 2021).
Contacts: Jonathan M. Baker, Lorraine M. Campos, Adelicia R. Cliffe, Stephanie L. Crawford, Christopher D. Garcia, Rina M. Gashaw, Lyndsay A. Gorton, Olivia Lynch, John E. McCarthy Jr., William B. O'Reilly, Issac D. Schabes, Zachary Schroeder, Rachel Schumacher, Allison Skager, M. Yuan Zhou
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"United States Seeking Critical Minerals Supply Chain Solutions – Funding Grants, Providing Loan Guarantees, Reducing Regulation, and Streamlining Permitting,"
Government Contracts Bullet Points
(November 30, 2021).
Contacts: Byron R. Brown, Lyndsay A. Gorton, Stephanie L. Crawford
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"Tipping the Scales: Third Circuit Weighs in on Circuit Split Regarding the Government’s Dismissal Authority Over False Claims Act Qui Tams,"
Government Contracts Bullet Points
(November 9, 2021).
Contacts: Brian Tully McLaughlin, Michael Shaheen, Lyndsay A. Gorton, Amanda H. McDowell
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"Biden Administration Works with Industry Stakeholders to Address Supply Chain Delays at the Ports of Los Angeles and Long Beach,"
Government Contracts Bullet Points
(October 14, 2021).
Contacts: Lyndsay A. Gorton, Rebecca Baden Chaney, Peter Eyre, Nicole Janigian Simonian
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"Senator Grassley Introduces Long-Promised Proposed Amendments to the False Claims Act,"
False Claims Bullet Points
(July 27, 2021).
Contacts: Brian Tully McLaughlin, Michael Shaheen, Stephen M. Byers, Preston L. Pugh, Lyndsay A. Gorton
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"Fifth Circuit Declines to Take a Side in the FCA Circuit Split on DOJ’s Dismissal Authority Pursuant to 31 U.S.C. § 3730(c)(2)(A),"
Government Contracts Bullet Points
(July 22, 2021).
Contacts: Brian Tully McLaughlin, Michael Shaheen, Lyndsay A. Gorton, Alexandra Barbee-Garrett
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"Subcontracting Status Reports, Even if False, Are Not Claims Under the FCA,"
Government Contracts Bullet Points
(June 22, 2021).
Contacts: Olivia Lynch, Brian Tully McLaughlin, Lyndsay A. Gorton, Ellie Riegel
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"False Claims Act Consent Judgment Can Prompt Termination of SDVOSB Status Even Without an Admission of Liability,"
Government Contracts Bullet Points
(June 14, 2021).
Contacts: Olivia Lynch, Brian Tully McLaughlin, Lyndsay A. Gorton, Zachary Schroeder
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"“Mere allegations of fraud do not divest the Board of jurisdiction” – Government’s Motion to Dismiss Denied When It Cannot Prove that Appeal Resolution Depends on a Factual Determination of Fraud,"
Government Contracts Bullet Points
(May 7, 2021).
Contacts: Stephen J. McBrady, Brian Tully McLaughlin, Lyndsay A. Gorton, Catherine O. Shames
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"'You Have to Come Down with a Sledgehammer, Not a Toothpick!' – Senator Grassley Previews Potential Amendments to Increase False Claims Act Enforcement and Recoveries,"
Government Contracts Bullet Points
(February 18, 2021).
Contacts: Brian Tully McLaughlin, Preston L. Pugh, Lyndsay A. Gorton
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"February Reports from PRAC and SIGPR Confirm Government’s Focus on Pandemic Funding Oversight and Enforcement Challenges,"
Government Contracts Bullet Points
(February 17, 2021).
Contacts: Brian Tully McLaughlin, Stephanie L. Crawford, Lyndsay A. Gorton
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"The Top FCA Developments of 2020,"
Government Contracts Bullet Points
(February 1, 2021).
Contacts: Brian Tully McLaughlin, Lyndsay A. Gorton, Nkechi Kanu
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"Cybersecurity Breach Turns Back the Clock - Confidential Information to be Filed in Paper,"
Government Contracts Bullet Points
(January 12, 2021).
Contacts: Stephen J. McBrady, Brian Tully McLaughlin, Lyndsay A. Gorton, Alexandra Barbee-Garrett
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"Stand Up: Third Parties May Challenge False Claims Act Civil Investigative Demands,"
Government Contracts Bullet Points
(December 22, 2020).
Contacts: Brian Tully McLaughlin, Michael Shaheen, Lyndsay A. Gorton
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"Fine Print: A False Claims Act Settlement Does Not Void a Contract,"
Government Contracts Bullet Points
(November 20, 2020).
Contacts: Stephen J. McBrady, Brian Tully McLaughlin, Lyndsay A. Gorton, Catherine O. Shames
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"Dismissal, Says Who? Recent Seventh and Ninth Circuit Decisions Offer Competing Views on DOJ’s Dismissal Authority under the False Claims Act, But Congress May Have the Last Word,"
Government Contracts Bullet Points
(September 18, 2020).
Contacts: Brian Tully McLaughlin, Preston L. Pugh, Lyndsay A. Gorton
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"Funds Today, Investigation Tomorrow: SBA OIG Warns of Serious Concerns of Rampant Fraud with COVID-19 Relief Funds and Calls for Immediate Action,"
Government Contracts Bullet Points
(August 4, 2020).
Contacts: Olivia Lynch, Brian Tully McLaughlin, Amy Laderberg O'Sullivan, Preston L. Pugh, Lyndsay A. Gorton
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"PRAC Report Confirms OIG Focus on Combatting Fraud Related to Emergency Funding Programs,"
Government Contracts Bullet Points
(June 30, 2020).
Contacts: Lorraine M. Campos, Brian Tully McLaughlin, Stephanie L. Crawford, Lyndsay A. Gorton
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"First Pandemic Response Accountability Committee Report Emphasizes Government-Wide Concerns About Fraud and Grant Management,"
False Claims Bullet Points
(June 19, 2020).
Contacts: Lorraine M. Campos, Brian Tully McLaughlin, Stephanie L. Crawford, Lyndsay A. Gorton
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"OIG Audit Finds Nearly $900 Million in SDVOSB Set-Aside Contracts Awarded to Ineligible Contractors,"
Government Contracts Bullet Points
(February 25, 2020).
Contacts: Amy Laderberg O'Sullivan, Brian Tully McLaughlin, Olivia Lynch, Lyndsay A. Gorton, Zachary Schroeder
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"New York State Debarment Risk Update,"
Government Contracts Bullet Points
(April 5, 2019).
Contacts: David J. Ginsberg, Laura J. Mitchell Baker, Lyndsay A. Gorton
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