Lyndsay A. Gorton

Partner

Overview

Lyndsay Gorton is a Government Contracts partner 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.

Career & Education

    • American University Washington College of Law, J.D., 2010
    • College of William & Mary, B.A. & B.S., anthropology and psychology, 2007
    • American University Washington College of Law, J.D., 2010
    • College of William & Mary, B.A. & B.S., anthropology and psychology, 2007
    • District of Columbia
    • Virginia
    • U.S. District Court for the District of Columbia
    • U.S. District Court for the District of Maryland
    • U.S. District Court for the Eastern District of Texas
    • U.S. District Court for the Eastern District of Virginia
    • U.S. District Court for the Western District of Virginia
    • District of Columbia
    • Virginia
    • U.S. District Court for the District of Columbia
    • U.S. District Court for the District of Maryland
    • U.S. District Court for the Eastern District of Texas
    • U.S. District Court for the Eastern District of Virginia
    • U.S. District Court for the Western District of Virginia

Lyndsay's Insights

Client Alert | 3 min read | 09.02.26

Next Stop, Supreme Court? Eleventh Circuit Upholds the Constitutionality of the FCA’s Qui Tam Provisions

On September 1, 2026, the Eleventh Circuit issued its long-anticipated decision in United States v. Florida Medical Associates, LLC, – F.4th –, 2026 WL 2581886 (11th Cir. Sept. 1, 2026) (the “Zafirov appeal”) overturning the district court and holding that the qui tam provisions of the False Claims Act (“FCA”) do not violate the Appointments Clause of Article II of the United States Constitution because relators are not officers of the United States that occupy “continuing positions.” The Eleventh Circuit did not reach other arguments made by the parties and remanded the case to the District Court for the Middle District of Florida to address two other constitutional arguments challenging the FCA’s qui tam provisions based on Article II’s Vesting and Take Care Clauses. ...

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.

Lyndsay's Insights

Client Alert | 3 min read | 09.02.26

Next Stop, Supreme Court? Eleventh Circuit Upholds the Constitutionality of the FCA’s Qui Tam Provisions

On September 1, 2026, the Eleventh Circuit issued its long-anticipated decision in United States v. Florida Medical Associates, LLC, – F.4th –, 2026 WL 2581886 (11th Cir. Sept. 1, 2026) (the “Zafirov appeal”) overturning the district court and holding that the qui tam provisions of the False Claims Act (“FCA”) do not violate the Appointments Clause of Article II of the United States Constitution because relators are not officers of the United States that occupy “continuing positions.” The Eleventh Circuit did not reach other arguments made by the parties and remanded the case to the District Court for the Middle District of Florida to address two other constitutional arguments challenging the FCA’s qui tam provisions based on Article II’s Vesting and Take Care Clauses. ...

Lyndsay's Insights

Client Alert | 3 min read | 09.02.26

Next Stop, Supreme Court? Eleventh Circuit Upholds the Constitutionality of the FCA’s Qui Tam Provisions

On September 1, 2026, the Eleventh Circuit issued its long-anticipated decision in United States v. Florida Medical Associates, LLC, – F.4th –, 2026 WL 2581886 (11th Cir. Sept. 1, 2026) (the “Zafirov appeal”) overturning the district court and holding that the qui tam provisions of the False Claims Act (“FCA”) do not violate the Appointments Clause of Article II of the United States Constitution because relators are not officers of the United States that occupy “continuing positions.” The Eleventh Circuit did not reach other arguments made by the parties and remanded the case to the District Court for the Middle District of Florida to address two other constitutional arguments challenging the FCA’s qui tam provisions based on Article II’s Vesting and Take Care Clauses. ...