Steven D. Gordon practices in the areas of white collar crime and complex civil litigation, including appeals. He has been lead counsel in more than 100 trials, both jury and non-jury, in federal and state courts. He has successfully argued numerous appeals in the federal circuit courts and won a unanimous decision in the United States Supreme Court.
Mr. Gordon represents companies and individuals at all stages of the criminal process. He advises corporate clients on compliance programs, conducts internal investigations, and counsels them on issues regarding voluntary disclosure, when appropriate.
Mr. Gordon represents individual and corporate clients who are being audited or investigated by Inspector Generals or other federal and state authorities. He defends clients who are under grand jury investigation or who have been charged with criminal offenses and face trial. He has represented clients on a wide variety of alleged offenses, ranging from conflicts of interest to economic espionage to conspiracy and fraud. Many of his cases involve suspected fraud, waste, or abuse with respect to federal contracts or programs, a topic on which he has written and lectured.
Mr. Gordon has substantial experience in defending federal government contractors and program participants against civil False Claims Act suits brought by the Department of Justice or by "whistleblowers." He also has represented numerous clients facing suspension or debarment from participating in federal contracting or other federal programs.
Mr. Gordon engages in a wide variety of civil and commercial litigation, which often involves litigation against the federal government. For example, he successfully challenged a major HUD program initiative by litigating six separate suits in five federal districts and three federal appeals courts around the country. In another case, he sued the federal government for damages on behalf of an Indian tribe and negotiated a multi-million dollar settlement. He also handles commercial litigation between private parties on issues ranging from contractual disputes to misappropriation of trade secrets.
Mr. Gordon has argued numerous appeals involving both civil and criminal cases. He has appeared before the United States Supreme Court and most of the federal circuit courts. Published appellate decisions in cases handled by Mr. Gordon include:
- Darby v. Cisneros, 509 U.S. 137 (1993)
- Fabi Construction Co. v. Secretary of Labor, - F.3d -, 2007 WL 4165421 (D.C. Cir. 2007)
- Escobar v. Gonzales, 417 F. 3d363 (3d Cir. 2005)
- U.S. v. Chen, 393 F.3d 139 (2d Cir. 2004)
- Shoshone Indian Tribe v. U.S., 364 F.3d 1339 (Fed. Cir. 2004)
- U.S. v. Dolah, 245 F.3d 98 (2d Cir. 2001)
- U.S. ex rel. Lamers v. City of Green Bay, 168 F.3d 1013 (7th Cir. 1999)
- U.S. v. Service Deli, Inc., 151 F.3d 938 (9th Cir. 1998)
- U.S. v. York, 112 F.3d 1218 (D.C. Cir. 1997)
- 2225 New York Ave., Ltd. v. Cisneros, 38 F.3d 210 (5th Cir. 1994)
- Terrace Housing Assocs. v. Cisneros, 32 F.3d 461 (10th Cir. 1994)
Before entering private practice, Mr. Gordon prosecuted crimes for 10 years as an Assistant United States Attorney in the District of Columbia, and served as Chief of the Felony Trial Division. After graduating from law school, he served as a Law Clerk to the Honorable William J. Holloway, Jr. of the United States Court of Appeals for the Tenth Circuit.
Recent representative matters include:
- defending government contractors in two different Inspector General investigations regarding possible fraud or misconduct
- representing a company with respect to a criminal antitrust investigation and related civil suit
- representing a construction company with respect to a state grand jury investigation into alleged misconduct by state officials
- defending a high tech company performing classified government work with respect to a federal grand jury investigation regarding alleged theft of trade secrets
- representing a senior government official with regard to an Inspector General investigation into potential ethics violations
- representing a CPA with respect to a federal investigation of tax shelters
- formulating compliance programs regarding the Foreign Corrupt Practices Act for two different companies
- representing clients with respect to suspension and debarment actions brought by the Army and HUD, respectively
- successfully defending a client against a "bet the company" civil suit for alleged misappropriation of trade secrets
- protecting a major pharmaceutical company's trade secrets and proprietary data by intervening in the Government's suit against tobacco companies and persuading trial court to reject disclosure proposed by special master
- successfully suing the federal Government on behalf of an Indian tribe for mismanagement of the tribe's oil and gas resources
- defending a limited partnership against a foreclosure action for a large residential project and bringing a counterclaim for breach of fiduciary duty
- defending rental management company against HUD administrative action seeking hundreds of thousands of dollars in penalties for violation of lead-based paint disclosure requirements
Mr. Gordon is the author or co-author of the following articles and publications:
- Property Owners and Agents Beware: HUD Launches Aggressive Lead-Based Paint Enforcement Initiatives (1999)
- Obtaining Evidence from Federal Agencies: Surmounting Touhy Regulations (pending publication)
- Respondeat Superior Liability Under the Uniform Trade Secrets Act (pending publication)