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Heather L. Finstuen

Of Counsel
Heather Finstuen

Heather Finstuen is of counsel in the firm’s Washington, DC office. Her practice focuses on government contracts, litigation and internal investigations, and national security law.

Ms. Finstuen represents and counsels government contractors in connection with internal investigations, mandatory disclosures, federal inquiries and investigations, and compliance policies and procedures. Ms. Finstuen’s experience includes conducting internal fraud and ethics investigations in various industries (defense, software, banking and finance, healthcare, food) into a range of issues including labor charging, billing and claims, sourcing requirements, manufacturing and quality control processes, accounting, compensation structures, and mortgage foreclosure practices.

Representative government contracts, litigation, and investigation matters:

  • Representing a Fortune 500 defense contractor in a False Claims Act investigation involving labor charges at overseas military bases.
  • Representing a Fortune 100 defense contractor in a criminal export controls and False Claims Act sourcing action by the Department of Justice.
  • Representing a defense contractor in a criminal fraud and civil False Claims Act matter involving military armor.
  • Conducting an internal investigation on behalf of a cleared defense contractor into compliance with national industrial security regulations.
  • Representing a government contractor in a False Claims Act investigation brought by the Department of Justice involving the pricing of goods supplied to the US military.
  • Advising a defense contractor in an action by an Air Force Accident Investigation Board.
  • Serving as Board-appointed monitor for a national healthcare company under civil and criminal investigation for Medicare billing and quality control practices, including conducting numerous internal investigations and advising on development of compliance policies and procedures.
  • Representing financial institutions in FIRREA actions by the Department of Justice involving payment processers and FHA-insured mortgage loans.
  • Representing the independent consultant, Treliant Risk Advisors LLC, in conducting a required independent review of a financial firm’s mortgage foreclosure practices.
  • Representing a company in an SEC enforcement action regarding inventory accounting issues.
  • Representing The Gillette Company in environmental insurance coverage litigation in Massachusetts state court. 

Representative national security, CFIUS, and FOCI matters:

  • Securing CFIUS approval for numerous companies, including Nexen (acquisition by China National Offshore Oil Corporation Ltd.); Elbit Systems (multiple acquisitions, including acquisition of M7 Aerospace); BAE Systems, Inc. (acquisition of Marine Hydraulics International); e2v technologies (acquisition of QP Semiconductor) and Energy Future Holdings (investment in Oncor Electric Delivery Company by the Government Investment Corporation of Singapore and the Ontario Municipal Employees Retirement System).
  • Counseling multiple companies on implementing and complying with CFIUS mitigation agreements, FOCI mitigation agreements, and related policies and procedures.
  • Advising defense and technology companies, private equity and investment funds, and a leading education and research institution on national industrial security requirements and obtaining security clearances.

Pro Bono

  • Representing a Honduran national in the US Court of Appeals for the Third Circuit in successfully challenging a Board of Immigration Appeals’ decision denying withholding of removal.
  • Advising a national civil rights organization on US constitutional issues relating to the state detention of material witnesses.