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David W. O'Brien

Phone: +1 202.624.2850
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

David W. O'Brien has represented both corporations and individuals in complex civil and criminal cases in federal courts throughout the country. These cases have typically presented issues related to the construction and performance of contracts with a variety of governmental agencies including the Departments of Defense and Health and Human Services.

Recently, he has defended several large health care clients in False Claims Act cases initiated by both the government and qui-tam relators. He has lectured on the use of the False Claims Act in the managed care setting before the American Health Lawyers Association. David has also counseled corporate clients on employment issues and defended several Title VII cases.

Prior to entering private practice, David served as an Assistant Commonwealth Attorney in Virginia and was a frequent lecturer to law enforcement organizations. He formerly served as an adjunct professor at the American University. David is a member of the District of Columbia and Virginia bars. He is a 1975 graduate of the Georgetown University Law Center and received his undergraduate degree cum laude from the University of Notre Dame in 1972.


  • University of Notre Dame (1972) cum laude
  • Georgetown University Law Center, J.D. (1975)


Admitted to Practice:  District of Columbia, Virginia

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"HHS' Distribution of Provider Relief Funding to Skilled Nursing Facilities Along with New Terms and Conditions Raises Compliance Considerations for Providers," Health Care Alert (May 29, 2020). Contacts: Jacinta Alves, John T. Brennan Jr., Mana Elihu Lombardo, Brian McGovern, Brian Tully McLaughlin, David W. O'Brien, Matthew Vicinanzo
Client Alert / Newsletter
"COVID-19 Health Care Funding, Regulatory Waivers, and the False Claims Act: Protecting Your Business Today from Agency Enforcement and Whistle Blower Actions Tomorrow," Crowell & Moring Webinar (April 30, 2020). Presenters: Jacinta Alves, Mana Elihu Lombardo, Brian McGovern, Brian Tully McLaughlin, and David W. O'Brien
"HHS Begins Delivery of Cares Act Provider Relief Funding – What Providers Should Consider," Health Care Alert (April 13, 2020). Contacts: Jacinta Alves, Troy A. Barsky, James G. Flood, Brian Tully McLaughlin, David W. O'Brien, Matthew Vicinanzo, Shaina Vinayek, Jerrica Mathis
Client Alert / Newsletter
"Summary of COVID-19 (Coronavirus) Stimulus Legislation," Tax Alert (March 27, 2020). Contacts: James G. Flood, Robert Holleyman, Tim Shadyac, Jerrica Mathis, S. Starling Marshall, Laurel Pyke Malson, W. Scott Douglas, Jacinta Alves, Thomas P. Gies, Scott Lessne, Eric Homsi, David W. O'Brien, Matthew Vicinanzo, Joshua Boswell, Trey Flowers, Peter Gray, Lisa Kimmel, Ph.D., Shaina Vinayek
Client Alert / Newsletter
Fourteen Crowell & Moring Lawyers Named 2020 Acritas Stars (Mar.16.2020)
Firm News / Announcement
Global Investigations Review Names Crowell & Moring’s White Collar & Regulatory Enforcement Group to “GIR 100” Fifth Year in a Row (Nov.05.2019)
Firm News / Announcement
"DOJ Resets Bar for Corporate-Cooperation Credit and Shifts Emphasis in False Claims Act Cases from Individual Accountability to Monetary Recovery," Westlaw Journal Government Contracts (January 15, 2019). Authors: William S.W. Chang, Laura M. Kidd Cordova, Stephen M. Byers, Brian Tully McLaughlin, Paul Rosen, David W. O'Brien, Spencer Churchill, and Bridget Carr.
"DOJ Moves to Dismiss Ten Kickback-Related False Claims Act Complaints Against Pharmaceutical Companies," False Claims Bullet Points (December 21, 2018). Contacts: Keith J. Harrison, David W. O'Brien
Client Alert / Newsletter
"DOJ Resets Bar for Corporate-Cooperation Credit and Shifts Emphasis in False Claims Act Cases from Individual Accountability to Monetary Recovery," White Collar Alert (November 30, 2018). Contacts: Stephen M. Byers, Kelly T. Currie, Brian Tully McLaughlin, David W. O'Brien, Paul M. Rosen, Bridget Carr
Client Alert / Newsletter
"Unqualified Expert Witness Causes DOJ to Dismiss FCA Case," Health Care Alert (November 17, 2017). Contacts: David W. O'Brien, John T. Brennan Jr., Brian Tully McLaughlin, Troy A. Barsky
Client Alert / Newsletter

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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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