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David C. Hammond

Partner

dhammond@crowell.com
Phone: +1 202.624.2510
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

David Hammond advises, litigates on behalf of, and represents domestic and foreign government contractors before all three branches of the federal government. 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, industrial security, international procurements, joint venture and teaming agreements, and prime-subcontractor disputes. He regularly advises "battlefield" contractors in connection with performing contracts overseas in support of military deployments, including conducting internal investigations in-theater, risk mitigation strategies, and implementing effective compliance programs in difficult and remote locations. He 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 United States 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 engagements include:

  • Retained by the new management of Xe Services LLC (formerly known as Blackwater) to serve as Acting General Counsel from April – November 2009 where he assisted the company in connection with implementing new compliance and ethics programs, rebuilding internal and external credibility, and managing numerous ongoing litigation and government investigations.
  • 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 Xe Services in 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 in connection with the successful dismissal of a wrongful death case by a panel of arbitrators.
  • Representing 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.
  • Successfully represented clients before agency Suspension and Debarment officials, including responding to show cause notices, making preemptive disclosures, and demonstrating that the company is currently a responsible contractor.
  • 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.
  • Successfully represented a Texas state agency in an administrative hearing to terminate a grantee for fraud and abuse.

Education

  • Albion College, B.A. (1981)
  • University of Michigan Law School, J.D. (1988) cum laude

Affiliations

Admitted to practice: District of Columbia, several U.S. Courts of Appeals and District Courts, and the U.S. Court of Federal Claims.

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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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"Investigation and Disclosure Best Practices," Government Contracts Bullet Points (June 6, 2016). Contacts: David B. Robbins, David C. Hammond, Kelly T. Currie
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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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