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John M. Faust
John M. Faust
Experience | Education | Recognition | Activities | Publications
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Biography
John's principal area of practice is complex commercial litigation, with an emphasis on False Claims Act litigation. He also assists companies and individuals in a range of other types of civil, criminal, and administrative disputes and investigations. He has represented plaintiffs and defendants in several industries throughout the country, before federal and state trial and appellate courts as well as government agencies and commercial arbitration panels.
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Representative Experience
Government and False Claims/Qui Tam Litigation
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- Defending various "whistleblower" lawsuits throughout the country relating to wartime contracts with the Army
- Won dismissal of False Claims Act case against a contractor accused of providing insufficient vehicle maintenance during the Iraq War and obtained an order compelling private arbitration of related employment claims; won affirmance of both rulings before the U.S. Court of Appeals for the Fourth Circuit
- Won dismissal of False Claims Act case against a contractor accused of overbilling for dining services provided to military personnel during the Iraq War; won affirmance before the U.S. Court of Appeals for the Fourth Circuit
Intellectual Property and Other Technical Litigation
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- Defended a commercial satellite launch services provider in an international arbitration hearing involving a launch services contract dispute
- Member of trial team that obtained a verdict of non-infringement and invalidity in a three-week patent infringement jury trial in Dallas; plaintiff sought over $200 million from our client, the leading manufacturer of electronic light controls; at trial, presented a former Patent & Trademark Office Commissioner as defendant’s expert and cross-examined plaintiff’s patent law expert; represented the same client as plaintiff in separate patent infringement lawsuits in Philadelphia
- Defended a leading computer manufacturer in e-commerce related patent infringement litigation brought in Virginia; handled all aspects of expert testimony relating to damages
Senior Corporate Executive Matters
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- For plaintiff, the founding CEO of a global energy company, handled breach of contract litigation against his former company for wrongful termination; obtained multi-million dollar settlement on the eve of arbitration
- Assisted several senior corporate executives in responding to government and internal corporate investigations and in addressing related disputes regarding their employment rights and responsibilities
- Defended a senior construction industry executive in a Virginia state court unfair competition lawsuit brought by the executive's former employer; obtained dismissal of some counts and favorably resolved all others
White Collar Matters and Investigations
- Represented senior executives and companies in connection with Foreign Corrupt Practices Act investigations involving business activities in Russia and the Middle East
- Represented employees of a major pharmaceutical company in state enforcement proceedings and investigations relating to drug pricing under the Medicaid program
- Defended a retired federal law enforcement agent in civil lawsuits and Congressional investigations growing out of the fatalities at Ruby Ridge, Idaho (1992), and Waco, Texas (1993)
Antitrust Matters
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- Member of team that defended a supermarket company against an antitrust challenge by the Federal Trade Commission to the company's merger with a competing supermarket chain
- Defended the marketing subsidiary of a major international airline manufacturer in a multi-defendant antitrust action brought by a test equipment vendor in Nevada state and federal courts; cases were dismissed on summary judgment
- Defended a leading automotive consumer products company in a Delaware federal court antitrust challenge brought by the company’s principal competitor; obtained favorable settlement
Class Actions
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- Defended a leading property and casualty insurer in a putative nationwide class action alleging Sherman Act, RICO, and related state law claims associated with broker compensation and insurance placement activities
- For defendant hospital system based in Texas, obtained dismissal of all claims in putative class action challenging the hospital industry's billing and collection practices
- Represented a major entertainment retailer in class action cases filed around the country challenging the company's charges to customers and its agreements with media suppliers on contract, antitrust, and consumer protection theories
Other Litigation
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- Defending a former senior public official in civil lawsuits challenging arrests of demonstrators in the District of Columbia
- Defended a leading Washington investment firm in an arbitration seeking indemnification from a contractual escrow fund for alleged breaches of government defense contracts; obtained favorable settlement at mediation
- Defended a Spanish language television network in a breach of contract lawsuit brought in New York federal court by South American Sports promoters
Prior results do not guarantee a similar outcome.
Education and Professional Background
- University of Virginia School of Law, J.D., 1993 (Notes Editor, Virginia Law Review)
- Williams College, B.A. English magna cum laude, with honors, 1989 (Phi Beta Kappa)
- Judicial clerk to The Honorable James H. Michael, Jr. of the U.S. District Court for the Western District of Virginia
- Admitted to practice: Virginia, 1994; District of Columbia, 1996; U.S. Supreme Court; U.S. Courts of Appeals for District of Columbia, Fourth, Ninth, and Federal Circuits; U.S. District Courts for the District of Columbia, the Eastern and Western Districts of Virginia, and the Eastern District of Texas; U.S. Court of Federal Claims
Professional Recognition
- Recognized in Washington, D.C. Super Lawyers, 2012
Activities and Affiliations
- Board Member: Washington Lawyers Committee for Civil Rights and Urban Affairs
Publications and Presentations
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- "DOJ Takes Aim at Deutsche Bank in False Claims Act Suit Charging Fraudulent FHA Loan Practices," V&E False Claims Act Update E-communication, May 6, 2011 (co-author)
- “Don't Get Blindsided by Mortgage Industry FCA Suits,” American Banker, March 23, 2011
- “Federal District Court in Beaumont, Texas, Dismisses Government’s False Claims Act and Anti-Kickback Act Claims,” V&E False Claims Act Update E-Communication, February 14, 2011 (co-author)
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Full Biography
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2200 Pennsylvania Avenue NW
Suite 500 West
Washington, DC 20037-1701
Tel +1.202.639.6727
Fax +1.202.879.8927
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