J. AndrewJackson (Andy)

Partner

(T) + 1.202.879.5575

Andy Jackson is a former Department of Justice trial lawyer with substantial complex litigation experience, with a focus on government contracts litigation and defending clients against fraud and false claims allegations.

Andy has defended companies in many government contract fraud investigations, including those concerning false statements, false claims, Medicare/Medicaid fraud, defective pricing, and procurement integrity violations. He also has extensive experience with cases arising under U.S. General Services Administration (GSA) and federal supply schedule contracts. He has led litigation teams in federal and state court cases throughout the country. Andy has represented Fortune 500 companies in the software, technology, pharmaceuticals, professional services, weapons systems, and shipbuilding industries.

Andy also has represented contractors in affirmative claims against federal and state governments as well as scores of bid protest cases before the U.S. Court of Federal Claims, the Government Accountability Office, and boards of contract appeals.

In addition, Andy has successfully represented contractors in a variety of suspension and debarment matters before various federal agencies. Before joining the Department of Justice, Andy was a trial lawyer at the U.S. Army Procurement Fraud Division where he represented the government in suspension and debarment matters.

Andy is a member of the American Bar Association, where he previously served as a vice chairman of the Procurement Fraud Committee of the Public Contract Section, and the American Health Lawyers Association. He speaks and writes frequently on government contract, False Claims Act, and litigation matters.

Experience

  • Government services and consulting company resolves contract termination dispute before Armed Services Board of Contract AppealsJones Day represented a government services and consulting company in challenging a contract termination decision before the Armed Services Board of Contract Appeals.
  • Riverside sells stake in Team Technologies to Clearlake Capital GroupJones Day represented The Riverside Company in connection with the its sale of stake in Team Technologies Inc., a leading custom design and manufacturing partner to many of the world’s leading brands in the dental, cosmetic, and medical industries, to Clearlake Capital Group, L.P.
  • ARxIUM obtains court order overturning Government Accountability Office decisionJones Day successfully represented ARxIUM, Inc., a leading developer and manufacturer of pharmacy automation, workflow, and consulting solutions, in its bid protest before the U.S. Court of Federal Claims.
  • Medical products provider successfully obtains agency corrective action in bid protest challenging medical products awardJones Day represented a medical products provider in a Government Accountability Office (GAO) bid protest challenging the U.S. Department of Veterans Affairs' improper award of a contract for durable medical equipment, and successfully obtained agency corrective action in response to the protest.
  • Medical products provider successfully protests improper contract awardJones Day filed a Government Accountability Office (GAO) protest on behalf of a medical products provider challenging the VA’s improper award of a contract for medical equipment.
  • Global medical device manufacturer obtains advice relating to Commercial Sales Practices dataJones Day provided advice to a global medical device manufacturer in connection with a government request that the client provide Commercial Sales Practices (CSP) and other pricing data related to a reseller’s attempt to obtain a Federal Supply Schedule contract.
  • DME company resolves criminal and civil investigationJones Day represented a durable medical equipment company in a criminal and civil False Claims Act investigation regarding its sales to the Veterans Administration and the Department of Defense.
  • Medical products provider obtains corrective action after successfully protesting VA contract awardJones Day filed a Government Accountability Office (GAO) protest on behalf of a medical products provider challenging the VA's award of a contract for medical equipment.
  • International surgical and critical care technology company conducts internal investigationJones Day is conducting an internal investigation on behalf of an international surgical and critical care technology company, and is providing advice regarding disclosure obligations for supply sourcing.
  • Fortune 500 company undergoes internal investigation involving allegations under False Claims ActJones Day represents a Fortune 500 company in an ongoing investigation by the Department of Justice and other federal investigative agencies focusing on False Claims Act allegations.
  • Global technology and services firm evaluates state and local government contracting issuesJones Day advised one of the leading global technology and consulting firms regarding state and local government contracting projects including possible contract disputes.
  • Technology solutions and managed services firm evaluates government contracting and intellectual property issuesJones Day is advising a leading technology solutions and managed services provider regarding the evaluation and compliance of government contracting requirements.
  • BPO firm evaluates hiring procedures of former government officialsJones Day advised a business process outsourcing (BPO) company on the restrictions, ethics, and regulations related to the hiring of former government officials, including the impact on future contracts.
  • Energy technology company involved in government contract construction project disputeJones Day is representing an energy technology company in a subcontract dispute regarding a federal construction project.
  • Global automotive parts company successfully defends potential adverse administrative action by federal governmentJones Day represented a leading automotive parts manufacturer in defending against possible potential adverse administrative action by the Department of Defense.
  • Global technology and services firm disputes attorneys fees in connection with False Claims Act litigationJones Day is representing a global technology and services firm in a dispute over attorneys fees arising under the False Claims Act.
  • Precision instrument manufacturer evaluates government contracting issuesJones Day is advising a leading precision instrument company in evaluating government contracting issues with the U.S. General Services Administration (GSA).
  • Technology provider in sub-contract disputeJones Day is representing one of the largest U.S. providers of technology equipment and services in a sub-contract dispute.
  • Fortune 500 company undergoes internal investigation involving allegations of employee misconductJones Day conducted an internal investigation for a Fortune 500 company into a foreign subsidiary involving allegations of employee misconduct and potential False Claims Act violations.
  • National health care provider defends against anti-kickback allegations under Federal and State False Claims ActsJones Day defended nationwide federal and state False Claims Act and anti-kickback allegations against a national health care provider.
  • The following represents experience prior to joining Jones Day.

    Led the trial team that represented one of the world's largest systems integrators in a False Claims Act lawsuit alleging kickbacks, TINA violations, false statements, and anticompetitive activity. This matter involved scores of contracts, the production of millions of documents, and depositions of more than 150 witnesses.

    Represented one of the country's largest providers of technology products and services for business, government, and education. This FCA matter included allegations of false claims, false statements, and alleged violations of the Trade Agreements Act. Took expert depositions and argued motions for summary judgment and to exclude relator's experts.

    Represented an international manufacturer of recombinant and plasma-based therapies and other medical products in an FCA case alleging Medicare and Medicaid fraud. Convinced the DOJ not to intervene in the matter, and successfully narrowed the case from 26 to 2 drugs through aggressive motions practice under Rule 9 and Rule 12. Following narrow discovery, successfully achieved summary judgment regarding the remaining two drugs.

    Represented an international pharmaceutical company charged with Medicare and Medicaid fraud in the AWP false pricing cases. The FCA case remained under seal for more than a decade. The DOJ intervened in multiple cases against other pharmaceutical companies but, as lead trial team attorney, was able to convince the DOJ not to intervene against the client even though this same qui tam case produced a multitude of federal and state private class actions, federal MDL proceedings, and multiple state attorney general actions alleging state FCA and common law fraud claims.

    Represented one of the world's largest software companies in parallel criminal and civil FCA actions involving GSA schedule contract pricing and discounts. Worked closely with the DOJ's investigation, prepared witnesses for grand jury appearances, and made detailed presentations that convinced the government to resolve the matter without criminal liability. The civil FCA claims were resolved out of court and at a small fraction of the DOJ's initial demand.

    Represented an international software, hardware, and networking company accused of false claims relating to GSA schedule contract pricing and discounts. Following the receipt of inspector general subpoenas and civil investigative demands, prepared witnesses, defended depositions, and convinced the DOJ to settle at a substantially reduced amount.

    Speaking Engagements

    • May 4, 2016
      Compliance in the Precision Medicine Era: Legal Considerations for the Contemporary Life Sciences Industry
    • February 25, 2016
      2016 Executive Roundtable Series – The 3 a.m. Issue: From Data Breaches to Hurricanes, Legal Strategies for Protecting Your Company by Preparing for, Insuring Against, and Responding to Catastrophic Risks
    • July 28, 2015
      Looking Ahead: Emerging Legal Issues in Whistleblower Litigation and Their Potential Impact on Your Organization, American Conference Institute's Advanced Forum on Whistleblower Litigation
    • June 11, 2015
      Jones Day MCLE University - Chicago
    • June 12, 2014
      The False Claims Act in the Post-FERA Era, Jones Day MCLE University
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