Overview

Steven D. Gordon is a Washington, D.C., litigator who focuses on white collar criminal and complex civil cases. He has been lead counsel in more than 100 trials, both jury and non-jury, in federal and state courts. He has argued appeals in most of the federal circuit courts and in the U.S. Supreme Court.

White Collar Defense

Mr. Gordon represents corporations and individuals who are under investigation or face criminal charges. Many of his cases involve suspected fraud, waste or abuse with respect to federal contracts or programs. He conducts internal investigations for state agencies and corporate clients. He advises corporate clients on compliance programs and counsels on issues regarding disclosure of misconduct to federal authorities.

False Claims Act; Suspension and Debarment

Mr. Gordon defends federal contractors and program participants against civil False Claims Act suits brought by the U.S. Department of Justice or by whistleblowers. He also represents clients facing suspension or debarment from participating in federal contracting or other federal programs. He successfully litigated the only debarment case to reach the U.S. Supreme Court.

Civil Litigation

Mr. Gordon litigates complex civil and commercial cases, often against the federal government. He has litigated multimillion-dollar breach of trust suits against the federal government on behalf of Native American tribes. He sues federal agencies under the Administrative Procedure Act and other federal statutes on behalf of tribes and corporate clients. He has litigated Section 8 housing suits against the U.S. Department of Housing and Urban Development (HUD) on behalf of state housing agencies and private owners. He defends employers against whistleblower retaliation claims. He has tried a number of cases involving alleged misappropriation of trade secrets.

Appeals

Mr. Gordon briefs and argues cases in the federal courts of appeals and in the U.S. Supreme Court. Recent cases handled by Mr. Gordon include:

  • Jicarilla Apache Nation v. U.S., 131 S.Ct. 2313 (2011)
  • Cleveland Assets, LLC v. U.S., 883 F.3d 1378 (Fed. Cir 2018)
  • Navajo Nation v. Dept of Interior, 852 F.3d 1124 (D.C. Cir. 2017)
  • U.S. ex rel American Systems Consulting, Inc. v. ManTech Advanced Systems, Intl., 600 Fed.Appx. 969 (6th Cir. 2015).

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 Hon. William J. Holloway Jr. of the U.S. Court of Appeals for the Tenth Circuit.

Experience

  • Defending government contractors in Inspector General investigations regarding possible fraud or misconduct
  • Representing companies with respect to criminal antitrust investigations by the U.S. Department of Justice
  • Representing a construction company with respect to a state grand jury investigation into alleged bribery of state officials
  • Defending a contractor under investigation by a federal grand jury for alleged theft of a competitor's trade secrets
  • Representing a senior government official under investigation for potential ethics violations
  • Representing a partner in a national accounting firm with respect to a federal investigation of abusive tax shelters
  • Conducting an internal investigation for a state agency regarding potential misuse of federal grant funds

  • Representing contractors in FCA investigations conducted by the U.S. Department of Justice
  • Defending federal contractors in qui tam FCA suits filed by whistleblowers

  • Representing clients with respect to suspension and debarment actions brought by federal agencies, including the Army, U.S. Department of Housing and Urban Development (HUD) and the U.S. Department of the Interior

  • Suing the federal government on behalf of Indian tribes for breach of trust and breach of self-determination contracts
  • Defending a federal contractor against whistleblower retaliation claims brought by former executives
  • Defending companies charged with misappropriation of trade secrets
  • Representing a corporation in a major arbitration regarding breach of duties under an LLC operating agreement
  • Defending a professional organization against a lawsuit challenging its disciplinary process

Credentials

Education
  • Harvard Law School, J.D., cum laude
  • Swarthmore College, B.A., with high honors
Bar Admissions/Licenses
  • District of Columbia
Court Admissions
  • All Courts in the District of Columbia
  • U.S. Supreme Court
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the District of Maryland
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. Court of Federal Claims
Memberships
  • American Bar Association
  • Court of Federal Claims Bar Association, Board
  • Assistant U.S. Attorneys Association, Board
Honors & Awards
  • The Best Lawyers in America guide, Criminal Defense: White-Collar, 2005-2019
  • Washington, D.C., Super Lawyers magazine, 2009-2010, 2013-2019
  • Phi Beta Kappa

Publications

Speaking Engagements

News