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Terra Fulham represents corporate and individual clients in complex litigations and investigations, with particular expertise in defending government contractors against allegations of fraud and False Claims Act violations. She has experience representing clients at all stages of internal and government investigations, including conducting witness interviews, managing government subpoena and CID responses, defending witnesses in government interviews, and advocating before government enforcement officials.
She has also represented clients in a variety of litigation matters during motions practice, discovery, and trial and final hearings.
Ms. Fulham also maintains an active pro bono practice, with an emphasis on housing issues.
- Represented Department of Energy contractor in qui tam False Claims Act suit, resulting in declination by Department of Justice and dismissal following presentation to U.S. Attorney’s Office.
- Representing Department of Energy contractor in responding to criminal grand jury subpoena and in related civil False Claims Act investigation alleging fraud and conflicts of interest.
- Representing hospitals in litigation to recover reimbursement from health insurers for emergency services rendered to Affordable Care Act plan enrollees.
- Represented USAID grantee in investigation by Office of Inspector General alleging fraud, including management of response to document and information requests.
- Represented government contractor in False Claims Act investigation by U.S. Attorney’s Office concerning alleged fraud in performance of State Department contract.
- Represented executive of international pharmaceutical company in multi-year Foreign Corrupt Practices Act investigation by Department of Justice and U.S. Securities & Exchange Commission, including presentation to Government and representation in Government interview.
- Conducted world-wide compliance review for USAID grantee and prepared report of findings for organization’s General Counsel.
- Represented corporate client in Department of Justice investigation concerning alleged criminal violations of the Clean Water Act.
Pro Bono
- Representing news magazine in First Amendment litigation concerning censorship of publications by U.S. Government agency.
- Representing tenants’ association opposing landlord hardship petition.
- Drafted brief for amicus curiae, former U.S. Department of Housing and Urban Development officials, in Fourth Circuit case concerning disparate impact standard under the Fair Housing Act.
Memberships and Affiliations
- Washington School for Girls, Auxiliary Board Member
Previous Experience
- Teach for America, Corps Member
January 17, 2017, Inside Government Contracts
On January 4, 2017, the Department of Defense’s top acquisition official issued a memorandum further clarifying the implementation of a November 2016 final rule concerning the reimbursement of major contractors’ Independent Research & Development (“IR&D”) costs. In a move likely intended to reassure major defense contractors, Undersecretary of Defense for ...
September 28, 2016, Inside Government Contracts
Earlier this month, in Rothe Development, Inc. v. Department of Defense, the D.C. Circuit upheld the constitutionality of the Small Business Administration (“SBA”) 8(a) program by rejecting arguments that the Small Business Act contains an unconstitutional classification based on race. Although the decision will likely be seen as a positive development for ...
July 21, 2016, Inside Government Contracts
On July 12, 2016, in Coast Professional, Inc. et. al v. United States, No. 2015-5077 (Fed. Cir. July 12, 2016), the U.S. Court of Appeals for the Federal Circuit overturned a Court of Federal Claims (“CoFC”) decision, finding that the CoFC erred in ruling that it did not have bid protest jurisdiction over the award...… Continue Reading The post Federal Circuit ...
July 12, 2016, Inside Government Contracts
On June 16, 2016, the Department of Defense (DoD) issued a proposed rule to implement Section 815 of the National Defense Authorization Act for Fiscal Year 2012, which was originally enacted in December 2011. Under the proposed rule, DoD would be given additional flexibility to release technical data or computer software to third parties (including...… Continue ...
June 22, 2016, Inside Government Contracts
The Armed Services Board of Contract Appeals (“ASBCA” or the “Board”) recently issued an opinion addressing several important, and controversial, topics of interest to government contractors. The lengthy opinion addressed key issues related to the Board’s jurisdiction over government claims and affirmative defenses based on alleged contractor fraud, the ...
December 1, 2015, Inside Government Contracts
Pursuant to the Truth in Negotiations Act (TINA), contractors are required to submit current, accurate, and complete cost or pricing data when negotiating certain contracts with the Government. On November 20, the Department of Defense (DoD) published a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS). The change would ...
July 9, 2015, Inside Government Contracts
Last week, a federal court reaffirmed its decision to hold an upcoming False Claims Act (“FCA”) trial in two parts, in what is the known instance of a court bifurcating the liability phase of a FCA trial. The case, United States v. AseraCare, Inc., Civ. Action No. 2:12-CV-245-KOB (N.D. Alabama), concerns the alleged submission of...… Continue Reading The post ...
Leading Government Contracts Group Joins Covington
May 1, 2015
WASHINGTON, DC, May 1, 2015 — Covington is significantly expanding its government contracts practice with 20 lawyers from one of the nation’s top government contracts groups, including its former chair and leaders in contractor tort liability, bid protests, procurement fraud, trade secrets and employment. The group of five partners and 15 other lawyers from ...
- Capital Pro Bono High Honor Roll (2014)