Praised for his unique and broad skillset, David Hibey is a first chair trial and appellate attorney whose practice encompasses a wide range of white collar, government contract, and general litigation disciplines. As a trial attorney for the Department of Justice (DOJ), he represented the U.S. as lead attorney in more than 60 cases before the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims, and the U.S. Court of International Trade in suits primarily involving government contractors or government employees. He leverages his extensive experience as a former DOJ trial attorney to help clients understand the key issues and investigate matters strategically.
David represents corporate clients and individuals in government investigations before DOJ, Congress, and the Securities and Exchange Commission (SEC).
David represents corporations and individuals under investigation for conduct relating to criminal violations of antitrust, securities, pharmaceutical, transportation, and procurement laws, and works with his clients to limit the impact on their business. He has wide-ranging experience representing companies and corporate executives in high-profile congressional investigations and inquiries. He also represents defense contractors in bid protest matters and conducts all facets of False Claims Act (FCA) investigations concerning an array of government contracting issues. He has appeared numerous times for oral arguments and trials before the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims, the U.S. Court of International Trade, and various state courts. He also has experience appearing before suspension and debarment officials at the Department of the Army.
Experience
- James Biden, the brother of President Joe Biden, in the joint impeachment inquiry conducted by the House of Representatives Oversight and Judiciary Committees.
- Two key witnesses before the House Select Committee to Investigate the January 6th attack on the U.S. Capitol.
- Multiple companies and one individual in response to subpoenas issued in Jack Smith’s Special Counsel Investigation of Donald J. Trump.
- Private company in investigation by the Office of Attorney General for D.C. regarding alleged violations of D.C. False Claims Act.
- Major defense non-profit organization in a FCA investigation initiated by U.S. Attorney’s Office in the District of Massachusetts.
- Major defense contractor in a FCA investigation initiated by the U. S. Attorney’s Office in the Eastern District of Washington.
- Vice President of an electric utility company in connection with an ongoing public corruption investigation of the company by the U.S. DOJ and SEC.
- Cygnacom Solutions as co-lead trial counsel for two jury trials in successful representation of a breach of contract, tortious interference, and civil conspiracy case regarding a subcontract for key infrastructure support and services for the U.S. State Department.
- CSRA Inc. in protest litigation regarding U.S. Marine Corps support services procurement.
- Japanese automobile parts manufacturer in coordinating and executing all aspects of the defense of a major DOJ antitrust investigation.
- Chicago-based pension fund in conducting investigation concerning allegations of procurement fraud including preparing final report for the fund's board of directors.
Perspectives
Credentials
Education
- J.D., Georgetown University Law Center, 1998
- B.A., Georgetown University, 1994, cum laude
Admissions
- District of Columbia
- Maryland
- U.S. District Court, District of Columbia
- U.S. Court of Federal Claims
Government & Military Service
- Trial Attorney, U.S. Department of Justice, Department of Commercial Litigation Branch