Government Contracts Legal Forum

Government Contracts Legal Forum

Providing Legal Insight for Government Contractors

Gail D. Zirkelbach

Gail D. Zirkelbach

Gail Zirkelbach is a partner in Crowell & Moring’s Government Contracts Group and resident in the Los Angeles office. She also serves as a member of the firm’s Government Contracts Group Steering Committee. Gail’s practice focuses on internal investigations, defense of fraud actions, and counseling aerospace and technology companies in all government contracts and compliance areas.

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OOPS 2017 Preview: Investigations

By Gail D. Zirkelbach on Posted in Events, Legal Developments
Although companies often conduct internal investigations in the normal course of business, recent developments suggest that companies need to reconsider certain aspects of how they structure their investigations to avoid potential new downfalls.  On May 4, 2017 at the Renaissance Hotel in Washington, Crowell & Moring attorneys Gail Zirkelbach, Steve Byers, Jacintha Alves and Judy… Continue Reading

Whistle(blowing) While You Work: GAO Recommends Improvements to Whistleblower Protections Pilot Program

By Gail D. Zirkelbach, Jason M. Crawford and Mary Kate Healy on Posted in False Claims
On March 2, 2017, the U.S. Government Accountability Office (GAO) published a report highlighting necessary improvements to effectively implement the Whistleblower Protections Pilot Program (WPPP).  The WPPP, introduced in the National Defense Authorization Act for Fiscal Year 2013, and made permanent by Congress in December 2016, expanded whistleblower rights against reprisal for employees of contractors,… Continue Reading

Valentine’s Day Disappointment for FCA Practitioners Hoping for a Ruling on Stat Sampling

By Gail D. Zirkelbach, Jason M. Crawford, Mary Kate Healy and Stephanie Willis on Posted in False Claims
On February 14, the Fourth Circuit issued an opinion in United States ex rel. Michaels v. Agape Senior Cmty. Inc. addressing only the first of the two issues that the district court had certified for interlocutory appeal: (1) whether the Department of Justice (DOJ) possesses an unreviewable veto authority over proposed settlements and (2) whether… Continue Reading

Final FAR Rule on Internal Confidentiality Agreements: Considerations for Contractors Before Employees Sign on the Dotted Line

By Gail D. Zirkelbach, Kris D. Meade, Christine Hawes, Jason M. Crawford, Charles Baek and Jillian Ambrose on Posted in Legal Developments
On January 13, 2017, the FAR Council released a final rule (available here) that: (1) prohibits agencies from contracting with entities that require employees/subs to sign internal confidentiality agreements or statements that restrict the lawful reporting of waste, fraud, or abuse; and (2) requires bidders on federal contracts to certify that they do not utilize… Continue Reading

OGE Finalizes Rule Regarding Solicitation and Acceptance of Gifts for Executive Branch Employees

By Lorraine M. Campos, Gail D. Zirkelbach, Nkechi Kanu and Joelle Sires on Posted in Ethics & Compliance
On November 18, 2016, the Office of Government Ethics (OGE) issued a final rule revising the Standards of Ethical Conduct for Employees of the Executive Branch (“Standards”)  applicable to the solicitation and acceptance of gifts from outside sources. See 5 CFR § 2635. The final rule imposes a duty to decline otherwise permissible gifts when… Continue Reading

DoD Issues Directive Mobilizing Agency Action on Climate Change

By Gail D. Zirkelbach, Peter J. Eyre, Mark Ries and Cameron Prell on Posted in Legal Developments
On January 14, 2016, the U.S. Department of Defense (DoD) issued Directive 4715.21 to organize comprehensive agency-wide action to address and mitigate the risks of climate change on U.S. military assets and operations. The Directive implements for DoD the requirement established by Executive Order 13653 (Preparing the United States for the Impacts of Climate Change)… Continue Reading

Proposed Rule Would Nix Allowability of Congressional Investigation Costs

By Steve McBrady, Terry L. Albertson, Gail D. Zirkelbach and Skye Mathieson on Posted in Cost/Cost Accounting
On February 17, the Federal Register published a proposed rule that would amend the FAR to implement section 857 of the National Defense Authorization Act, making unallowable any “costs incurred by a contractor in connection with a Congressional investigation or inquiry into an issue that is the subject of a proceeding resulting in a disposition… Continue Reading