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Amanda H. McDowell

Associate | She/Her/Hers
Associate | She/Her/Hers
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Areas of Focus

Overview

Amanda specializes in litigating on behalf of government contractors.  She advises clients facing high-stakes investigations and allegations initiated by the federal government or relators under the False Claims Act.  Amanda also assists clients in affirmatively asserting claims against the government and helps strategize with clients defending against government-asserted claims concerning issues that arise in the course of contract performance.  Her expertise in federal procurement regulations enable her to guide clients through an array of procurement litigation disputes.

Amanda is an associate in the Government Contracts Group based in Crowell & Moring’s Washington, D.C. office focusing on False Claims Act litigation, government investigations, claims and disputes litigation, and state and federal regulatory compliance.

Her experience includes:

  • Counseling and strategizing with government contractors on performance disputes and compliance issues, including potential terminations, overpayments, requests for equitable adjustments, claims, contract changes, and allegations of noncompliance with various contract requirements and cost accounting practices;
  • Representing government contractors before the Boards of Contract Appeals in litigation both defending against Government-asserted claims and affirmatively asserting claims against the Government;
  • Advising clients on cost accounting practices, internal compliance policies and procedures, and litigation strategies that impact business decisions;
  • Representing government contractors in the defense industry in False Claims Act litigation and investigations initiated by whistleblowers and the Government.

Amanda also maintains an active pro bono practice representing survivors of domestic violence.  She regularly assists clients seeking civil protective orders in abusive situations and has also represented clients seeking legal immigration status under the Violence Against Women Act.

While in law school, Amanda was the editor-in-chief of the Public Contract Law Journal and a member of the Moot Court Board, Mock Trial Board, and Alternative Dispute Resolution Board.  Amanda was a finalist and the highest-scoring competitor in the 2020 Government Contracts Moot Court Competition and served as chair for the 2021 competition.  She was also a recipient of the Roger N. Boyd Memorial Scholarship, the 2020 National Association of State Procurement Officials Academic Scholarship, and the 2021 National Contract Management Outstanding Academic Achievement Award, all recognizing her academic success in government procurement while at GW Law.  Prior to joining Crowell & Moring, Amanda interned with the World Bank’s Office of Suspension and Debarment and for the Honorable Jimmie V. Reyna at the U.S. Court of Appeals for the Federal Circuit.

Career & Education

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    • University of Delaware, B.A., psychology and criminal justice, 2017
    • The George Washington University Law School, J.D., with honors, 2021
    • University of Delaware, B.A., psychology and criminal justice, 2017
    • The George Washington University Law School, J.D., with honors, 2021

    • Virginia
    • District of Columbia
    • U.S. District Court for the Eastern District of Virginia
    • Virginia
    • District of Columbia
    • U.S. District Court for the Eastern District of Virginia

  • Professional Activities and Memberships

    • Vice-Chair, ABA Section of Public Contract Law, Young Lawyers Committee August 2023 - August 2024
    • ABA Section of Public Contract Law 
    • American Health Law Association

     

    Honors and Awards

    • Full Section Diversity Scholarship 2022-2024, ABA Section of Public Contract Law

    Professional Activities and Memberships

    • Vice-Chair, ABA Section of Public Contract Law, Young Lawyers Committee August 2023 - August 2024
    • ABA Section of Public Contract Law 
    • American Health Law Association

     

    Honors and Awards

    • Full Section Diversity Scholarship 2022-2024, ABA Section of Public Contract Law

Amanda's Insights

Client Alert | 1 min read | 10.22.24

Trick or Treat? What You Need to Know About a First-of-its-Kind Decision Declaring FCA Qui Tam Provisions Unconstitutional

Judge Kathryn Kimball Mizelle of the District Court for the Middle District of Florida recently declared the False Claims Act qui tam provisions unconstitutional in U.S. ex rel. Zafirov v. Fla. Med. Assocs., LLC, -- F.Supp.3d --, 2024 WL 4349242 (M.D. Fla. Sept. 30, 2024), turning up the heat on a simmering constitutional fight that is increasingly likely to reach the Supreme Court in the next few years. Judge Mizelle's decision was the first to strike down the FCA qui tam provisions, but not the first to consider the issue. Arguments challenging the constitutionality of the qui tam provisions proliferated after Justice Thomas indicated some doubt about the qui tam device in his dissent in U.S. ex rel. Polansky v. Exec. Health Res., 599 U.S. 419 (2023). But every other judge to consider the issue has upheld the constitutionality of the qui tam provisions....

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Representative Matters

  • Representing government contractors in the defense and health care industries in FCA litigation and investigations initiated by whistleblowers and the government.
  • Conducting internal investigations for private companies facing noncompliance and fraud allegations.
  • Counseling government contractors on performance disputes and compliance issues, including potential terminations, overpayments, and cost accounting practices.
  • Representing government contractors before the Armed Services Board of Contract Appeals in litigation defending compliance with cost accounting practices.
  • Representing businesses engaged in federal procurement before the Boards of Contract Appeals in affirmatively asserting claims against the government.

Amanda's Insights

Client Alert | 1 min read | 10.22.24

Trick or Treat? What You Need to Know About a First-of-its-Kind Decision Declaring FCA Qui Tam Provisions Unconstitutional

Judge Kathryn Kimball Mizelle of the District Court for the Middle District of Florida recently declared the False Claims Act qui tam provisions unconstitutional in U.S. ex rel. Zafirov v. Fla. Med. Assocs., LLC, -- F.Supp.3d --, 2024 WL 4349242 (M.D. Fla. Sept. 30, 2024), turning up the heat on a simmering constitutional fight that is increasingly likely to reach the Supreme Court in the next few years. Judge Mizelle's decision was the first to strike down the FCA qui tam provisions, but not the first to consider the issue. Arguments challenging the constitutionality of the qui tam provisions proliferated after Justice Thomas indicated some doubt about the qui tam device in his dissent in U.S. ex rel. Polansky v. Exec. Health Res., 599 U.S. 419 (2023). But every other judge to consider the issue has upheld the constitutionality of the qui tam provisions....

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Insights

Client Alert | 1 min read | 10.22.24

Trick or Treat? What You Need to Know About a First-of-its-Kind Decision Declaring FCA Qui Tam Provisions Unconstitutional

Client Alert | 5 min read | 10.08.24

In the Upside Down: District Court Upends Decades of False Claims Act Precedent in Declaring Qui Tam Provisions Unconstitutional

Client Alert | 1 min read | 08.12.24

The Global Investigations Review Guide to Compliance

Publication | 08.07.24

The False Claims Act: Compliance issues in US government procurement and healthcare
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Practices

Amanda's Insights

Client Alert | 1 min read | 10.22.24

Trick or Treat? What You Need to Know About a First-of-its-Kind Decision Declaring FCA Qui Tam Provisions Unconstitutional

Judge Kathryn Kimball Mizelle of the District Court for the Middle District of Florida recently declared the False Claims Act qui tam provisions unconstitutional in U.S. ex rel. Zafirov v. Fla. Med. Assocs., LLC, -- F.Supp.3d --, 2024 WL 4349242 (M.D. Fla. Sept. 30, 2024), turning up the heat on a simmering constitutional fight that is increasingly likely to reach the Supreme Court in the next few years. Judge Mizelle's decision was the first to strike down the FCA qui tam provisions, but not the first to consider the issue. Arguments challenging the constitutionality of the qui tam provisions proliferated after Justice Thomas indicated some doubt about the qui tam device in his dissent in U.S. ex rel. Polansky v. Exec. Health Res., 599 U.S. 419 (2023). But every other judge to consider the issue has upheld the constitutionality of the qui tam provisions....

View All Insights