J. AndrewJackson (Andy)

Partner

Washington + 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

  • Multinational Fortune 500 company resolves SEC accounting issues investigation and obtains declination from DOJJones Day represented a multinational Fortune 500 company in a SEC and DOJ investigation regarding accounting issues related to multiple company projects in the U.S. and several countries around the world.
  • Evoqua merges with Xylem in $7.5 billion all-stock transactionJones Day advised Evoqua Water Technologies Corp. (NYSE: AQUA) in its $7.5 billion stock-for-stock merger with Xylem Inc. (NYSE: XYL).
  • J.F. Lehman & Company sells BEI PrecisionJones Day advised J.F. Lehman & Company in the sale of BEI Precision Systems & Space Company, Inc. to Quantic Corporate Holdings, Inc., a portfolio company of Arcline Investment Management.
  • Park Place acquires Custom Hardware Engineering & Consulting, Inc.Jones Day advised Park Place Technologies, LLC in its acquisition of Custom Hardware Engineering & Consulting, Inc., a provider of mission critical data center infrastructure services and specializing in post warranty hardware maintenance.
  • GM partners with Ventec to manufacture ventilators in response to coronavirus pandemicJones Day is advising General Motors Company on the "Project V" partnership with Ventec Life Systems Inc. to mass produce ventilators needed to battle the coronavirus pandemic.
  • Medical equipment company responds to U.S. federal RFI, develops global strategy for responding to requests for specialized medical equipment in response to COVID-19 pandemicJones Day advised a medical equipment company in their response to a U.S. federal RFI for specialized medical equipment in response to the COVID-19 pandemic, in development of a global strategy regarding response to multiple state and country requests for specialized medical equipment, and in related antitrust and regulatory issues.
  • Major American manufacturer reviews PREP Act immunityJones Day advised a major American manufacturer during the COVID-19 pandemic on obtaining immunity from liability for the manufacture and distribution of covered countermeasures under the Public Readiness and Emergency Preparedness Act (PREP Act).
  • Metis Solutions obtains favorable outcome in GAO bid protest against U.S. Defense Intelligence AgencyJones Day successfully represented Metis Solutions in a protest against the U.S. Defense Intelligence Agency in connection with the CENTCOM J2 Intelligence Support procurement.
  • Public utility company resolves subcontractor disputeJones Day achieved a successful settlement for a leading public utility client defending against subcontractor claims.
  • Technology solutions and managed services provider wins summary judgment on claimsJones Day represented a Fortune 500 technology solutions and managed services provider in responding to a civil investigative demand (CID) and defending False Claims Act (FCA) litigation.
  • 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.
  • Technology solutions and managed services provider obtains agency corrective action and subsequent contract award in bid protestJones Day represented a Fortune 500 technology solutions and managed services provider before the U.S. Government Accountability Office (GAO) in protesting the U.S. Navy's award of multiple indefinite-delivery, indefinite-quantity contracts to provide financial improvement and audit readiness support services.
  • 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.
  • Multinational technology and innovation company successfully defends against protest of a multi-million dollar contract award by Army relating to cloud computingJones Day successfully represented a leading multinational technology and innovation company in defending against a Government Accountability Office (GAO) protest.
  • 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.
  • 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.

    Additional 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