Michael J. Vernick, Partner, Government Contracts | Akin

Michael J. Vernick

Partner

Areas of Focus

Michael J. Vernick, Partner, Government Contracts | Akin

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, research security 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, defense 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 has represented multiple preeminent academic institutions on all aspects of research security and global engagement, including resolving the first reported FCA case focused on undisclosed researcher ties to a foreign government.  He also advises many of the nation's leading research institutions and service organizations on conducting international sponsored projects, as well as capacity building and training initiatives.

Mike 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, including financial conflicts of interest and research involving human subjects. His experience includes advising multiple institutions on scientific misconduct allegations involving high-profile researchers.  Mike has vetted the integrity of the scholarship of candidates for leadership positions at some of the Nation’s highest profile academic institutions.    

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, 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
  • Successfully Defended one of the Nation's preeminent research universities in a FCA investigation targeting allegations of undisclosed faculty ties to China. The Department of Justice dropped the matter without taking any adverse action.
  • Persuaded the Department of Justice not to intervene in a FCA case lodged against one of the most significant recipients of federal research funding in the U.S. The case focused on improper allocation of unallowable compensation costs, including grant-writing and teaching, to National Institutes of Health (NIH) awards.
  • Persuaded the Department of Justice not to intervene in a FCA case filed against a major recipient of NIH funding. The case alleged that fabricated and/or falsified data resulted in the improper award of millions of dollars of research funding.
  • Led the team vetting the scientific integrity of the scholarship of candidates for the Presidency of two preeminent academic institutions.
  • Advised a leading 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 a 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.
  • 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 a FCA qui tam investigation involving $900 million of Health and Human Services (H HS) 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 a 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.

List may include matters worked on prior to joining Akin.

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, 2016-2020 and 2022-2024; Education, 2022-2024; Leading Lawyer, 2023-2024.
  • BTI Consulting Group, 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
  • Speaker “The Long (and Winding) Road to Research Security Programs: Are We There Yet?,” NACUA Annual Conference, June 2024.
  • Speaker “A Deep Dive into Federal Investigations Focused on Sponsored Research,” NACUA Annual Conference, June 2023.
  • Speaker “Key Issues in Negotiating & Administering Clinical Trials,” NACUA CLE Workshop Sponsored Research and Technology Transfer, November 2022.
  • “The New Congress & Higher Education: An Anticipated Focus on China,” Akin 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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