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.
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.
- November 2014Once The Whistle Has Sounded: Courts Should Aggressivley Enforce The False Claims Act's First-To-File Bar
- 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
- The George Washington University (LL.M. in Government Procurement 1989); West Virginia University (J.D. 1984); Virginia Military Institute (B.S. in Electrical Engineering with distinction 1981)
- District of Columbia, Virginia, West Virginia, U.S. Court of Appeals for the Federal and Fourth Circuits, and U.S. District Court for the Eastern District of Virginia
- Attorney, U.S. Department of Justice (1989-1991); Special Assistant U.S. Attorney, Office of the U.S. Attorney, Eastern District of Virginia (1988-1989); U.S. Army's Judge Advocate General Corps (active duty, 1984-1988; reserves, 1988-1992); Commissioned Officer, U.S. Army (1981-1992)
- Meritorious Service Medal, Army Commendation Medal, and Army Achievement Medal