Christopher Babbitt

Practice Areas

Christopher Babbitt represents clients in litigation and enforcement matters involving the federal government. He is also a member of the Firm’s Office of General Counsel. He advises clients on a range of compliance issues involving their interactions with federal officials and participation in the political process. Mr. Babbitt joined the firm in 2007 and is a member of the Government & Regulatory Litigation and Strategic Response practice groups.

Practice

Mr. Babbitt focuses his client work on government and public policy litigation and strategy. He co-chairs the firm’s False Claims Act Practice and has significant civil litigation experience defending clients in FCA matters involving the computer, defense, pharmaceutical, financial services, dairy and construction industries. Mr. Babbitt also advises private- and public-sector clients on matters of public policy, public affairs, and strategy. In addition, Mr. Babbitt regularly advises corporations, universities, non-profit organizations and individuals on compliance with campaign finance and government ethics laws, the Lobbying Disclosure Act and the Foreign Agents Registration Act.

Career

Clerkships

The Hon. Mary M. Schroeder, US Court of Appeals for the Ninth Circuit, 2002 - 2003

Professional Memberships

Bar Admissions:

District of Columbia

California

Admissions:

US Court of Appeals for the Third Circuit

Publications

Practical Guidance for Minimizing FCA Exposure After SuperValu and Polansky - Corporate Counsel

What the CARES Act Means for Tribes - Law360

The China Initiative Heads to School - WilmerHale

Experience

False Claims Act Litigation

Counsel for prominent computer company in suit alleging a conspiracy to violate the immigration laws related to work performed by foreign nationals in the United States. The district court dismissed the qui tam case for failure to state a claim; the relator ultimately dismissed his appeal.

Counsel for a major defense contractor in a suit alleging that the contractor fraudulently concealed defects in the equipment it manufactured for the military. The district court dismissed the qui tam case on Rule 9(b) grounds and the relator declined to appeal.

Counsel for a prominent pharmaceutical company alleged to have made false marketing claims regarding its product. The district court dismissed the case and the Fourth Circuit affirmed, holding that the general release of claims the relator signed upon leaving the company barred the relator's subsequent qui tam suit.

Counsel for pharmaceutical company in multiple qui tam suits regarding marketing of products reimbursed by federal and state healthcare programs.

Counsel for student loan company in qui tam suit challenging industry-wide practice of recycling student loan proceeds to purchase additional loans entitled to fixed-rate special allowance payments (SAPs) from the Department of Education.

Counsel for major government contractor in DOJ investigation related to work performed in Iraq.

Political Law

Counsel for prominent social media company in multiple matters before the Federal Election Commission challenging content moderation practices.

Counsel for Fortune 500 company in DOJ investigation regarding political activities.

Counsel for pro-democracy non-profit organization in matter before the Federal Election Commission challenging organization’s advocacy for campaign-finance related reforms.

Counsel for professional services firm in DOJ enforcement matter under the Foreign Agents Registration Act.

Higher Education

Counsel for prominent university in Senate investigation into foreign influence in US higher education.

Counsel for prominent university in Senate investigation into Chinese Confucius Institutes.

Counsel for prominent university in employment retaliation dispute under the False Claims Act.

Advise multiple universities on compliance with range of political and government ethics laws, including the Lobbying Disclosure Act, the Foreign Agents Registration Act, Federal Election Campaign Act and post-government employment laws.

Supreme Court and Appellate Litigation

Counsel for patent-holder in Supreme Court litigation regarding the enforcement of patents in self-replicating biotechnology. The Supreme Court ruled unanimously for WilmerHale's client. See Bowman v. Monsanto Co., No. 11-796 (2013).

Counsel for international maritime shipping company in litigation regarding the availability of class arbitration under the Federal Arbitration Act. The Supreme Court held that class arbitration may not be imposed on parties that have not consented to class proceedings, a victory for WilmerHale's client. See Stolt-Nielsen S.A. v. AnimalFeeds, 130 S. Ct. 1758 (2010).

Counsel for the State of Georgia, City of Atlanta, and other Georgia entities in litigation brought by Alabama and Florida challenging the Army Corps of Engineers' management of the federal reservoir that supplies Atlanta with its principal source of water. The Eleventh Circuit ruled unanimously for WilmerHale's clients, and the Supreme Court denied certiorari. See In re Tri-State Water Rights Litigation, 644 F.3d 1160 (11th Cir. 2011).

Education