Marcia G. Madsen

Marcia G. Madsen

Marcia focuses on Government Contracts and Litigation, advising clients on contract formation, teaming and strategic alliances, contract and subcontract negotiations, performance disputes, audits, terminations, cost accounting and allowability, technical data rights and trade secrets, and fraud/false claims investigations • litigates bid protests and claims and disputes before the GAO, the Boards of Contract Appeals, the Court of Federal Claims, and various other federal and state courts • has handled numerous ADR and mediation proceedings • areas of concentration include aerospace and defense contracts, systems integration, information systems and telecommunications contracts, health care and bio-technology, homeland security contracts, environmental remediation, and research and development contracts.

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Supreme Court Rejects the Government’s Expansive Interpretation of “Official Act” for Honest Services Fraud and Bribery Allegations

On June 27, 2016, in McDonnell v. United States, the Supreme Court resolved a case of substantial interest to businesses that interact regularly with government officials with respect to grants, contracts, regulations and numerous other matters. The Court vacated …

DoD Revises Its Interim Cybersecurity DFARS Clauses Concerning Network Penetrations and Cloud Computing, Giving Contractors Additional Time To Comply with Applicable NIST Requirements

Back in August 2015, DoD issued an interim rule, which was effective immediately (and was previously discussed on this blog), imposing substantial new requirements on government contractors with respect to reporting information system network penetrations—and providing new cloud …

KBR Wins Second Mandamus Challenge to DC District Court Rulings on Attorney Client Privilege, Denying a False Claims Act Relator the Contractor’s Internal Investigation Materials

Government contractors face ever-increasing pressure to develop robust compliance programs that, among other things, detect potential violations of laws and regulations—which they are then obliged to report to the agency inspector general and the contracting officer. Like many large contractors, …

In an Important Victory for Government Contractors, the Supreme Court Holds that WSLA Does Not Toll the FCA’s Statute of Limitations

Government contractors and health care companies have become increasingly concerned about the application of the Wartime Suspension of Limitations Act (“WSLA”), 18 U.S.C. § 3287, and the Department of Justice’s (“DOJ”) and False Claims Act (“FCA”) relators’ arguments that …

The D.C. Circuit Grants Mandamus in Important Case Regarding Limitations on Attorney-Client Privilege in Contractors’ Internal Investigations

Today, the D.C. Circuit granted a mandamus petition in an important case, In re Kellogg Brown & Root, involving to preservation of the attorney client privilege for internal investigations in today’s heavily regulated government contracting environment. The ability of …

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