Michael J. Vernick

Partner

Areas of Focus

Michael J. Vernick

Partner

mvernick@akingump.com

Areas of Focus

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Biography
  • Successfully handled many of the most significant False Claims Act (FCA) and qui tam cases involving federal research, foreign influence and Uniform Guidance compliance.
  • Advises government contractors on cost accounting matters, handles all types of government contract disputes, and has worked on multiple complex corporate transactions in the government contracts space.

Mike leads the firm's government contracts group and focuses his practice on the higher education and health care and life sciences sectors. His FCA experience extends into all aspects of government contracting, higher education and research funding, including cost allowability, Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) compliance, General Services Administration (GSA) contracts, defective products and bid rigging. Mike also works extensively with universities and academic medical centers on scientific compliance, including financial conflicts of interest, research misconduct and research involving human subjects.

Mike has represented multiple preeminent institutions on allegations of foreign influence over U.S. government funded research, including resolving the first reported FCA case focused on undisclosed researcher ties to a foreign government.

He works with research institutions on Uniform Guidance enforcement and compliance matters and other sponsor regulations and policies addressing the financial, administrative and scientific management of grants and cooperative agreements. His experience includes advising multiple leading institutions on scientific misconduct allegations and investigations. Mike also advises many of the nation's leading research institutions service organizations on conducting international sponsored projects, as well as capacity building and training initiatives.

He has handled bid protests before the Government Accountability Office (GAO) and the U.S. Court of Federal Claims, suspension and debarment proceedings before multiple U.S. government agencies, and contract claims and disputes. Mike has worked with numerous clients on complex government cost accounting matters, including Cost Accounting Standards (CAS) audits, disputes and claims.

Prior to joining Akin Gump, Mike led the government contracts practice and education industry sector team at another international law firm. He has served on the conflicts of interest committee of a major children’s hospital and earlier in his career, he clerked for the Honorable Christine Miller at the U.S. Court of Federal Claims.

Representative Work
  • Defending one of the Nation’s preeminent research universities in a FCA investigation targeting allegations of undisclosed faculty ties to China.
  • Defending one of the most significant recipients of federal research funding in the U.S. in a FCA case investigating improper allocation of nonsponsored time, including grant-writing and teaching, to National Institutes of Health (NIH) awards.
  • Advising a preeminent academic medical center on a comprehensive assessment of its approach to financial conflicts of interest.
  • Successfully resolved in prime/subcontractor dispute related to overhead and general and administrative (G&A) rate calculation methodologies.
  • Successfully defended a leading university in an FCA investigation involving multiple federal agencies and over $1 billion of funding.*
  • Obtained the first reported FCA decision ruling that the Justice Department may not sue state universities.*
  • Handled the first reported FCA settlement involving undisclosed researcher ties to China.*
  • Successfully resolved a bid rigging FCA case alleging that a leading NGO had overcharged the U.S. government for goods procured during the Syrian refugee crisis.*
  • Handled all cost accounting compliance aspects of a federal practice reorganization of a large government contractor.*
  • Advised a Fortune 500 corporation on government contracts aspects of a restructuring of a $1 billion federal practice into a corporate subsidiary.*
  • Successfully defended a public health research center in an FCA qui tam investigation involving $900 million of Health and Human Services (HHS) grant funding.*
  • Assisted a major U.S. university with establishing global operations to facilitate sponsored projects, educational initiatives and fundraising.*
  • Persuaded the Justice Department to decline intervention in a qui tam suit filed against a public university alleging effort-reporting irregularities.*
  • Successfully resolved an FCA case involving GSA Schedule contract compliance.*
  • Advised DLH Holdings, a health care services contractor, on its $70 million acquisition of Social & Scientific Systems, a public health research organization.*

*Work completed prior to Akin Gump Strauss Hauer & Feld LLP.

Education
  • J.D., George Mason University School of Law, with high honors, 1997

  • B.A., Tufts University, cum laude, 1991

Clerkships
  • U.S. Court of Federal Claims

Bar Admissions
  • District of Columbia

  • Maryland

Recognitions
  • The Legal 500 US, Government contracts, 2016 to 2020 and 2022 to 2023, and Education, 2022 to 2023 and "Leading Lawyer," 2023.
  • BTI Consulting Group, BTI Client Service All-Star, 2016.
Affiliations and Public Service
  • Member, Government Contracts and Litigation Sections, Bar Association of the District of Columbia.
  • Member, National Association of College and University Attorneys.
Speeches and Publications
  • “The New Congress & Higher Education: An Anticipated Focus on China,” Akin Gump Webinar, October 27, 2022.
  • Speaker, “Foreign Influence in Academia: Emerging Challenges,” 2019 NACUBO Global Operations Forum, October 2019.
  • Speaker, “Expectations and Preparation Tips for a Government Investigation,” 2018 NACUA Annual Conference, June 2018.
  • Speaker, “The False Claims Act and Other Enforcement Activity Related to Sponsored Research: What You Wish You'd Done Before the Feds Came Knocking and How to Manage When They Do, “ 2016 NACUA Annual Conference, June 2016.

Insights and Achievements

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