David Panzer

Partner

David Panzer is a Partner at Fluet and serves as the Chair of the firm’s Government Contracts Practice. Mr. Panzer’s practice focuses on high-stakes litigation, government enforcement and challenges to government action. He has particular experience with negotiations, compliance and disputes that have an international component – especially in a contingency environment. With extensive experience as both in-house and outside counsel, Mr. Panzer brings a unique perspective not only to matters to be tried in court but also to the business of law.

Before joining Fluet, he led the Government Contracts Group based in the Washington, DC office of midsize firm, and expanded the practice of Government Contracts boutique in Tysons, VA. Mr. Panzer assembled a team of professionals, with deep industry experience, who design practical business-oriented solutions for their clients’ legal problems.

He previously served as the Deputy General Counsel for a multi-billion-dollar government services contractor that operates around the world. In that role, he managed the day-to-day operations of the Legal Department and was responsible for serving as both the chief advisor on all Government Contracts issues and the lawyer responsible for virtually all significant litigation, investigations, bid protests, Claims and REAs. As a result, he was responsible for negotiating and managing the vast majority of the legal budget and managing the relationships with most of the law firms engaged by the company. During the time that the company was an SEC public filer, Mr. Panzer served as the legal representative on the disclosure committee. As an essential advisor to the C-Suite, he was asked to project-manage the diligence process that led to a successful sale of the company.

Prior to his seven-year stint as in-house counsel, Mr. Panzer spent more than a dozen years at one of the largest law firms in the country (five of which as a partner), where he had a wide-ranging litigation practice.

Representative Matters

Government Enforcement Actions

Obtained Administrative Agreement terminating suspension related to alleged PPP loan fraud (2023).
Obtained Deferred Prosecution Agreement related to alleged PPP loan fraud (2022).
Represented Contractors in a variety of investigations, involving several different federal agencies.

False Claims Act Litigation

Successfully defended and resolved multiple False Claims Act matters without paying any money to the government or relators. U.S. ex rel. Hutchins v. DynCorp Int’l, Civil Action No. 15-355 (RMC) (D.D.C. Dec. 9, 2019); U.S. ex rel. Greer v. DynCorp Int’l, Civil Action No. 13-00326 (D.D.C. Sept. 15, 2017); U.S. ex rel. Waterman v. DynCorp Int’l, Civil Action No. 14-00480-JLR (W.D. Wash. October 2015); U.S. ex rel. Hollis v. DynCorp Int’l, Civil Action No. 13-698 (BBL/TJL) (E.D.Va. Dec. 10, 2014).
Established favorable standard for defendant regarding alleged violations of the False Claims Act based on allegedly unreasonable charges. U.S. v. DynCorp Int’l, 282 F.Supp.2d 51 (D.D.C. 2017).
Successfully settled False Claim Act matter as counsel to relator.

Prime-Sub Disputes

Currently arbitrating prime-sub disputes before the ICC and AAA (2024).
Successfully obtained recovery of unpaid invoices for subcontractor. DynCorp Int’l v. MD Helicopters, Inc., 2019 WL 277359 (N.D. Ala. 2019).
Successfully obtained recovery of unpaid invoices for subcontractor, and resolved related qui tam litigation and inquiries from DOJ, DOD IG and the Contracting Officer. Northrop Grumman Tech. Servs., Inc. v. DynCorp Int’l, 865 F.3d 181 (4th Cir. 2017).
Successfully defended wrongful termination of lease claim brought by vendor against prime contractor. C3PO Int’l, Ltd. v. DynCorp Int’l, 663 Fed.Appx. 311 (5th Cir. 2016).
Successfully defended prime contractor against five simultaneous subcontractor lawsuits and arbitrations relating to construction in Afghanistan. Projects Mgmt. Co. v. DynCorp Int’l, 584 Fed.Appx. 121 (4th Cir. 2014); Tamimi Global Co., Ltd. v. DynCorp Int’l, 2014 WL 3767061 (E.D.Va. July 30, 2014); Alpha Omega Services v. DynCorp Int’l, 2014 WL 1401800 (E.D.Va. Apr. 9, 2014).
Successfully resolved dispute on behalf of prime contractor regarding whether subcontract was a requirements contract and/or whether it incorporated the parties’ teaming agreement. Stevens Aviation, Inc. v. DynCorp Int’l, 407 S.C. 407 (2014).

Wrongful Termination Claims against the Government

Successfully resolved ICC arbitration on behalf of prime contractor involving disputed termination of a contract to construct an airport, including related insurance coverage action.
Set aside municipality’s default termination of construction contract against prime contractor. MCI Constr., LLC v. City of Greensboro, 610 F.3d 849 (4th Cir. 2010); 125 Fed.Appx. 471 (4th Cir. 2005) (establishing standard for review of government official’s decision with respect to government’s termination of its prime contractor).

Government Contracts Intellectual Property Disputes

Obtained injunction on behalf of prime contractor against United States related to the disclosure of proprietary data to follow-on contractor. DynCorp Int’l v. U.S. Dep’t of State, Civil Action No. 18-1125-DLF (D.D.C. June 4, 2018).
Overturned dismissal of Trade Secrets claim against competitor, related to bid protest. DynCorp Int’l v. AAR Airlift Group, Inc., 664 Fed.Appx. 844 (11th Cir. 2016).

Other Disputes with the Government

Litigated disputes at the Civilian Board of Contract Appeals related to de-scoping of prime contract and the limits of the government’s access rights during an incurred cost audit (2023).
Obtained reformation damages based on mutual mistake in precedent setting case. Appeal of DynCorp Int’l Under Contract No. FA8617-12-C-6208, ACBCA No. 61274 (Aug. 1, 2019).
Obtained dismissal of retaliatory claims asserted by the Government. Appeal of DynCorp Int’l Under Contract No. FA8617-12-C-6208, ASBCA No. 61735 (Sept. 28, 2018).
Management Servs. LLC v. Department of the Army, 842 F.Supp.2d 859 (E.D.Va. 2012).
Raher v. Federal Bureau of Prisons, 2011 WL 4832574 (D. Or. Oct. 12, 2011) (successfully defended sanctions motion in FOIA action).
U.S. v. Comstock, No. 08-1224 (drafted Supreme Court amicus brief on behalf of Cato Institute regarding the scope of the Necessary and Proper Clause).
The Cherokee Nation of OK v. U.S., 73 Fed.Cl. 467 (2006); 69 Fed. Cl. 148 (2005).
Works Council v. U.S. Dept. of the Air Force, 77 Fed.Appx. 176 (4th Cir. 2003).

Corporate Disputes and Transactions Representing Contractors

Arbitrating claims involving representations and warranties made in connection with the sale of a government contractor (2024).
Guided government contractor through voluntary disclosures in connection with nine figure sale transaction (2022).
Project-managed the due diligence process for the successful sale of a major defense contractor (2021).
Successfully represented electrical subcontractor, Board and Majority Shareholder against numerous claims brought by Minority Shareholder. Mona v. Mona Elec. Group, Inc., 176 Md.App. 672 (2007).

Other Disputes Representing Contractors

Successfully resolved numerous insurance coverage disputes involving all lines of insurance, including three related coverage actions involving a 3000 plaintiff mass tort action arising from government contractor’s aerial spraying operations under Plan Colombia. Arias v. DynCorp, 752 F.3d 1011 (D.C. Cir. 2014).
Hallak v. L3 Comm. Corp., 490 Fed.Appx. 2 (9th Cir. 2012) (affirming pre-discovery dismissal of mass action under FLSA).

Experience

Deputy General Counsel, DynCorp International LLC
Shareholder, Greenberg Traurig, LLP
Judicial Law Clerk, District of Columbia Court of Appeals, the Honorable Senior Judges (1999-2000)
Judicial Law Clerk, The Circuit Court for Charles County Maryland, the Honorable Christopher C. Henderson (1998-1999)

Education

J.D., George Washington University School of Law
A.B., Princeton University

Certifications + Licenses