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Antitrust Enforcement in Public Procurement: Government Contracting in the DOJ Crosshairs

Speaker(s): Craig P. Seebald, G. Zachary Terwilliger, Lindsey R. Vaala
Recorded on: May. 18, 2021
PLI Program #: 324189

Zachary (“Zach”) Terwilliger has extensive experience in federal trials, appeals and investigations. Those frontline skills combine with his mastery of involved management roles overseeing operational programs, setting policy parameters and managing teams to accomplish strategic objectives. He gained this experience over a decades long career in public service where he advanced from an office intern to serve as the presidentially appointed and Senate confirmed United States Attorney in the prestigious Eastern District of Virginia. He rounds out his Washington experience by having served a year as counsel to the Chair of the Senate Judiciary Committee and a significant assignment as Associate Deputy Attorney General and Chief of staff to the Deputy Attorney General, whose office manages the entire Department of Justice and its various agencies. In a testament to his professionalism, he was the sole and unanimous recommendation of Virginia’s Democratic Senators to the President to serve as U.S. Attorney in Virginia 2018, making him then the youngest U.S. Attorney in the country.

Zach’s knowledge of how the Justice Department and federal enforcement agencies function in both civil and criminal matters, particularly in regard to discretionary decision making, provides him with unique insights necessary to effectively assist companies and individuals facing federal enforcement matters, including allegations of domestic and international criminal and civil violations. Zach is skilled in navigating internal and government investigations, allegations of bribery under the Foreign Corrupt Practices Act, complex criminal grand jury investigations, and Congressional inquiries, among other complex white collar issues.

As U.S. Attorney for the Eastern District of Virginia, Zach supervised a team of over 300 lawyers and support staff across four divisions located in Alexandria, Richmond, Newport News, and Norfolk, Virginia. He also managed several key corporate resolutions, and significantly enhanced the District’s white-collar footprint through collaboration with DOJ’s Fraud Section, as well as with other enforcement entities like the newly created Special Inspector General for Pandemic Recovery. He is a veteran litigator with years of in-court experience in trials, pre-trial proceedings and appeals. 

Craig is co-head of the firm’s complex commercial litigation practice and a leader of the firm’s renowned global Antitrust Group. With nearly 30 years of antitrust experience that results from working with the world’s leading companies, today Craig represents clients in all areas of antitrust law, including criminal grand jury investigations, civil investigations by the FTC and the DOJ, class action litigation, and merger investigations.

A core area of Craig’s practice involves defending multinational companies in cartel and price-fixing investigations. He has successfully defended Fortune 100 companies in grand jury investigations and coordinated the defense of multijurisdictional cartel investigations. Craig, who is based in Washington, D.C., has represented clients in obtaining amnesty from the Department of Justice, and has successfully defended others in cartel investigations with no charges being brought against the company. “Some of my greatest victories are those that receive no publicity, such when our team convinces the government not to bring charges against a client at the end of grand jury investigation or when my team obtains amnesty for a client.”

Craig also represents companies in antitrust civil litigation, including follow-on actions to cartel investigations. He has been able to win bet-the-company cases for clients by winning early dismissals, defeating class certification and winning summary judgment motions. While Craig primarily represents defendants in civil litigation, he currently represents 12 large shipping companies asserting claims against the four leading railroad companies in In re Rail Freight Fuel Surcharge Antitrust Litigation.

Craig’s experience spans a wide range of industries, including technology, financial services, chemicals, aerospace and defense, semiconductors, transportation, consumer products, and energy, among many others. His work has involved multinational organizations based in Asia, Europe, North America and Australia.

Craig is one of the leading lawyers in the area of antitrust enforcement against government contractors, a particular area of focus within the Antitrust Division. His extensive experience representing the leading aerospace and defense companies throughout his career, along with his current research, speaking and frequent writing about joint ventures and teaming agreements in that industry, places him in a unique position to counsel clients.

Another area of Craig’s practice is advising and representing private equity clients on the antitrust risks associated with managing portfolio companies competing in the same markets.

Craig is ranked as one of the leading cartel lawyers in the world by several publications. He has been annually ranked by Chambers Global Antitrust: USA as one of the top cartel lawyers in the US. He has also been recognized annually in Chambers USA: America’s Leading Lawyers for Business from 2009-2021. He has also been recognized by Legal 500 as one of the top cartel lawyers in the United States. Craig was also recently selected by Lawdragon in 2021 as one of the 500 best lawyers in America in Lawdragon’s 500 Leading Lawyers Guide.

In addition to his practice-specific work, Craig serves as Managing Partner of the firm’s Washington, DC, office and is the partner in charge of the firm’s pro bono program.

Lindsey represents companies and individuals in a variety of investigations, litigation and counseling matters, in the U.S. and abroad, with an emphasis on antitrust-related issues. A primary focus of her practice is defending clients in multijurisdictional cartel and price-fixing investigations and related civil and class action litigation.

Her experience also includes class action defense, trade secret disputes and other civil litigation matters, and defending clients in government investigations, grand jury subpoenas, and other proceedings across a variety of issues. She also counsels clients with respect to antitrust compliance issues across a diversity of industries, including government contracting, consumer goods, and technology, among others.

Lindsey currently co-chairs the ABA Antitrust Section’s Cartel & Criminal Practice Committee and, through this work, has been invited to speak on antitrust-issues in several forums.

Her pro bono docket includes a lead role in several litigation matters, including a contested child custody dispute in D.C. Superior Court, co-chairing a jury trial in a disability discrimination case brought in federal court in the District of Columbia, and leading an evidentiary hearing related to a Section 2255 petition in the Eastern District of Virginia. Lindsey also is integrally involved in the D.C. office’s community outreach efforts and strategic partnerships.