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Mark R. Troy

Partner

mtroy@crowell.com
Phone: +1 213.443.5576
515 South Flower St., 40th Floor
Los Angeles, CA 90071-2201

Mark R. Troy is a partner in Crowell & Moring's Government Contracts Group in Los Angeles. He has engaged in government contract-related litigation and counseling for over 28 years. He focuses on defending procurement fraud actions brought by the federal government and by so-called qui tam whistleblowers under the civil False Claims Act (FCA).

Early in Mark's career, he defended Hughes Aircraft (v. Schumer) in a cost mischarging case, winning the case on summary judgment, followed by a partial reversal by the Ninth Circuit, followed by complete victory in the U.S. Supreme Court. In 1992, Mark successfully defended General Dynamics (v. Lindenthal) in one of the first modern qui tam cases to go to trial—an eight-month long bench trial alleging falsification of engineering drawings for an Air Force battlefield simulator. In 2002, he was lead counsel for Lockheed Martin (v. Joest) in a successful jury trial alleging non-disclosure of government overpayments on a satellite contract. In 2014, Mark won another defense jury verdict for Lockheed (v. Hooper) in a case claiming over $1 billion in damages based on allegations of fraudulent bidding and false estimates for an Air Force contract to develop a new rocket launching system at Vandenberg and Cape Canaveral. 

Mark has won pre-trial dismissals in dozens of other landmark FCA cases involving allegations of deficient contractor performance, mischarging, defective pricing, Cost Accounting Standards non-compliance, false testing, product defects, kickbacks and campaign contributions, Medicare fraud, and violations of environmental laws.

Mark has worked with clients to develop compliance measures and other procedures aimed at avoiding false claims prosecutions and meeting mandatory disclosure provisions of the Federal Acquisition Regulations. When clients first learn of allegations or an active government investigation, Mark frequently provides on-the-spot strategies for diffusing the situation, conducting a thorough internal investigation aimed at convincing the U.S. Department of Justice not to prosecute.

Because most qui tam relators bring claims of employment discrimination or retaliatory discharge, Mark is well versed in how to avoid such claims while still protecting the company's rights against opportunistic whistleblowers. And he has a proven track record in defending such claims in court and in front of juries.

As a leading FCA practitioner, Mark is a regular lecturer at national symposiums on procurement fraud and has served as amicus counsel in Supreme Court cases, representing:

  • Chamber of Commerce of the United States
  • Aerospace Industries Association
  • National Defense Industrial Association
  • American Hospital Association

Mark is also experienced in handling contract terminations for default, claims for equitable adjustments of contract prices, and disputes over allowable direct and indirect costs. Much of Mark's work in this area has been for small businesses. Mark is a seasoned negotiator with federal officials, contracting officers, and agency lawyers; and he is almost always able to achieve a successful resolution without resorting to the contractor litigating against its government customer.

Notable Court Decisions

  • Hooper v. Lockheed Martin, 688 F. 3d 1037 (9th Cir. 2012) (affirming dismissal of claims of false testing and improper use of freeware or Free and Open Source Software (FOSS), on remand, defense jury verdict on false estimating and retaliation claims)
  • U.S. ex rel. Humane Society v. Westland/Hallmark Meat, No. 08-0221 VAP (C.D. Cal. Dec. 2, 2013) (successful settlement of allegations of slaughterhouse's noncompliance with humane treatment of cattle)
  • U.S. ex rel. Reiber v. Basic Contracting Services Inc., No. 13-35231 (9th Cir. 2014) (affirming dismissal of claims of deficient contract performance for failure to plead with particularity)
  • U.S. ex rel. Smith v. Boeing, 505 F. Supp.2d 974 (D. Kan. 2007); No. 05-1073-MLB (Oct. 8, 2014) (summary judgment in case alleging faulty machining and inspection of parts on 737's)
  • Wood ex rel. U.S. v. Applied Research Associates, 328 Fed. Appx. 744 (2nd Cir. 2009) (dismissal of SAIC for failure to state a claim)
  • California ex rel. Hindin v. Hewlett-Packard Co., 153 Cal. App. 4th 307 (2007) (statute of limitations under California FCA)
  • U.S. ex rel. Stone v. Rockwell, 492 F.3d 1157 (10th Cir. 2007); reversed 549 U.S. 457 (2007) (dismissal of qui tam relator under FCA's "original source" rule)
  • Herndon v. Science Applications International Corp. (SAIC), 2007 WL 2019653 (S.D. Cal. 2007) (dismissal of qui tam claim for failure to state a claim)
  • Graham County v. U.S. ex rel. Wilson, 545 U.S. 409 (2005) (amicus -- state statute of limitations barred retaliatory discharge claim)
  • U.S. ex rel. Riley v. St. Lukes, 252 F.3d 749 (5th Cir. 2001) (amicus challenge to constitutionality of FCA)
  • U.S. ex rel. Lujan v. Hughes Aircraft, 243 F.3d 1181 (9th Cir. 2001) (dismissal of qui tam relator under FCA's "first to file" defense; state statute of limitations barred retaliatory discharge claim)
  • U.S. ex rel. Schumer v. Hughes Aircraft, 63 F.3d 1512 (9th Cir. 1995); reversed 520 U.S. 939 (1997) (unanimous decision barring retroactive application of 1986 FCA amendments)
  • U.S. ex rel. Lindenthal v. General Dynamics, 61 F.3d 1402 (9th Cir. 1995) (upholding judgment for defendant in qui tam trial; award of costs to defendant)
  • U.S. ex rel. Newsham v. Lockheed Missiles and Space Co., 779 F. Supp. 1252 (N.D. Cal. 1991) (challenge to retroactivity of FCA)

Education

  • University of California, Los Angeles, B.A. (1982)
  • Loyola Law School, Los Angeles, J.D. (1985)

Affiliations

Admitted to practice: California, U.S. Supreme Court, U.S. Court of Federal Claims, U.S. Court of Appeals for the Ninth Circuit, U.S. Court of Appeals for the Federal Circuit

Professional Activities:
American Bar Association (Section of Public Contract Law)
National Contract Management Association
National Defense Industrial Association
Judge Pro Tem, Los Angeles County Superior Court

View More

"For Whom the Statute Tolls: Ten Years Is Now the Default Statute of Limitations Period for All FCA Cases, High Court Holds," False Claims Bullet Points (May 13, 2019). Contacts: Brian Tully McLaughlin, Gail D. Zirkelbach, Mark R. Troy, Jason M. Crawford, Sarah A. Hill
Client Alert/Newsletter
High Court Sides With Plaintiffs On False Claims Timeliness Bloomberg Law (May 13, 2019)
In the News
"Let's Talk FCA: The Escobar Decision, Two Years Later (June 2018)," False Claims Bullet Points (June 14, 2018). Contacts: Mark R. Troy, Mana Elihu Lombardo, Jason M. Crawford
Client Alert/Newsletter
" Is Grocery Chain's FCA Win in the Bag?," Government Contracts Bullet Points (April 20, 2018). Contacts: Mark R. Troy, Jason M. Crawford
Client Alert/Newsletter
"Court Dismisses FCA Suit Alleging that Grocery Chain Failed to Collect Sales Tax," Crowell & Moring's Government Contracts Legal Forum (April 19, 2018). Authors: Mark R. Troy and Jason M. Crawford.
Publication
"The Times They Are A’Changing – Or Are They? DOJ Announces It Will Move To Dismiss Qui Tam Complaints That Lack Merit," Government Contracts Bullet Points (November 13, 2017). Contacts: David B. Robbins, Brian Tully McLaughlin, Mark R. Troy
Client Alert/Newsletter
A Look At Four FCA Petitions Seeking Supreme Court Input Bloomberg BNA Federal Contracts Report (September 15, 2017)
In the News
"False Claims Act: What Every Contractor Needs to Know This Year," OOPS 2017, Crowell & Moring's 33rd Annual Ounce of Prevention Seminar, Washington, D.C. (May 4, 2017). Presenters: Brian Tully McLaughlin, Laura M. Kidd Cordova, Mark R. Troy, Mana Elihu Lombardo, Jason M. Crawford, and Megan A. Maitia.
Speech/Presentation
"NY State AG Targets Private Equity for Tax Related FCA Violations," Government Contracts Bullet Points (April 20, 2017). Contacts: Stephen J. McBrady, Peter Eyre, Mark R. Troy, Jason M. Crawford
Client Alert/Newsletter
"DOJ Reports $4.7B in FCA Recoveries in FY16," Government Contracts Bullet Points (December 16, 2016). Contacts: Brian Tully McLaughlin, Mark R. Troy, Gail D. Zirkelbach, Jason M. Crawford
Client Alert/Newsletter

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