Peter B. Hutt II

• Convinced DOJ to decline intervention in qui tam action alleging false statements concerning eligibility for small business credits.
• Represented private equity firm in non-intervened qui tam matter, and convinced qui tam plaintiff to voluntarily dismiss matter before motions practice or discovery.
• Submitted disclosure to the U.S. Department of Defense (DoD) Office of Inspector General (OIG) concerning potential misrepresentations about size status and convinced OIG and DOJ to decline further investigation.
• Represented major services provider in False Claims Act matter concerning alleged labor category violations and achieved de minimis settlement.
• Represented services contractor in General Services Administration investigation concerning alleged Service Contract Act violations, and achieved favorable settlement.
• Counseled multiple contractors concerning whether actions fell within scope of the Mandatory Disclosure Rule.
• Advised multiple private equity firms on risks under False Claims Act associated with potential transactions.
• Taught aspects of False Claims Act and whistleblower law at Cornell Law School, George Mason Law School, George Washington University Law School, and Northeastern Law School.

Cost, Accounting, and Pricing Matters

• Tried $80 million claim concerning surplus pension assets under CAS 413, Appeal of ICI Americas, Inc., ASBCA No. 54877 et al. (2007), and achieved favorable settlement.
• Litigated claims concerning accounting treatment of refunds of state taxes.
• Litigated claim for discontinued operations costs against DoD, and achieved favorable settlement.
• Advised several contractors on steps to comply with full or modified CAS.
• Advised multiple clients on responding to DCAA and DCMA audits and claims concerning potential violations of CAS, including alleged violations of CAS 401, 403, 404, 405, 410, 412, 413, 414, 416, 418, and 420. 
• Advised multiple clients on responding to DCAA and DCMA audits and claims concerning alleged charging of unallowable or expressly unallowable costs.
• Represented contractor in ASBCA litigation involving pension cost allowability under FAR 31.205-6.
• Defeated government claim for CAS cost accounting practice changes, with no liability for contractor.
• Advised contractor on DCAA CAS 403 audit of home office costs, resulting in favorable resolution.
• Advised contractor on DCMA assertion of CAS 416 noncompliance, resulting in favorable resolution.
• Counseled contractors on IR&D and B&P costs under CAS 420 and FAR 31.205-18, resulting in favorable resolutions.
• Counseled contractors on steps to comply with TINA.
• Represented contractor in litigation concerning allowability of legal costs under FAR 31.205-47.

Other Matters

• Convinced DOD OIG to take no action against major defense contractor accused of retaliation against whistleblower.
• Won $100 million claim against NASA for breach of contract for satellite services, Hughes Communications Galaxy, Inc. v. United States, 47 Fed. Cl. 236 (2000).
• Advised non-profit on negotiating novel cooperative agreement with NASA and on intellectual property matters.
• Conducted internal investigation for major aerospace company into allegations of widespread fraud in procurement processes.
• Converted default terminations into convenience terminations.
• Represented contractor proposed for debarment based on qui tam action, and obtained removal from excluded parties list within two weeks.