Harold Himmelman, Esq.

T: 202-942-9180
F: 202-942-9186

Locations

Available nationwide
Governmental/Public Agency
Mr. Himmelman mediates virtually every type of dispute involving Federal, State, and local government entities, including (1) numerous False Claims Act and qui tam actions involving tens or hundreds of millions of dollars in claims against defense contractors, subcontractors, and suppliers; private security companies; office, software, and tool suppliers; hospitals, nursing homes, and doctors under Medicare, Medicaid, and the Stark Act; and companies doing business outside the United States; (2) politically sensitive and often intensively media-scrutinized cases involving government departments and agencies, high-level officials, and others; whistleblower and Privacy Act cases, some of which have involved links to former Presidents and the nation’s principal intelligence agencies; (3) employment and housing discrimination; and (4) a host of other government disputes. He is familiar with the unique circumstances faced by all parties in mediations involving government and is adept at working through the multiple substantive and authority issues at play to facilitate settlements. A frequent speaker on a variety of ADR topics, Mr. Himmelman has presented to and trained government agencies, law firms, and bar association participants on how to resolve disputes involving federal, state and local governments.

Representative Mediations

  • False Claims Act and Qui Tam
    • Mediations of multiple cases involving the supply of office, software, and tool products to federal agencies.
    • Qui tam, FCA and Truth-In-Negotiations Act cases brought by whistleblowers and the U.S. against defense contractors and subcontractors related to their supplies of weapons and other equipment to the Defense Department and foreign allies.
    • Medicare, Medicaid, and Stark Act FCA claims against hospitals, nursing homes, doctors, and administrators.
    • Claims against private security firms in the provision of their services to the Armed Forces.
    • Sales to a foreign government of environmental goods and materials produced in the U.S.
  • Whistleblower, First Amendment, Privacy Act
    • Mediation of many high-profile, politically charged cases, often with intensive media coverage, involving cases brought by federal whistleblowers and political appointees against U.S. departments, agencies and high government officials concerning the employees’ allegations of misconduct by the agencies and subsequent retaliation by government officials for actions taken by the employees to reveal the alleged wrongdoing. Some cases were linked to former Presidents and the nation’s principal intelligence agencies.
  • Foreign Government Terror Attack
    • Mediation of litigation by the families of the U.S. victims of a terror attack abroad brought against the country alleged to have sponsored the attack.
  • Government Enforcement/Contract/Fraud
    • Mediation of a dispute between the U.S. Department of Housing, one of its contractors, and citizen beneficiaries of a contract for inner city housing development in Washington, D.C. The matter had resulted in efforts by the U.S. to foreclose on the property, revoke the contract, and debar the contractor from further work. The case involved litigation in U.S. District Court and in Bankruptcy Court, and was the subject of considerable press coverage.
  • Federal Regulatory Disputes
    • Mediations of appeals pending in the U.S. Court of Appeals for the District of Columbia over housing regulations; Medicare rules; and airline routing and security issues.
  • Housing Discrimination
    • Mediation of a case brought by the Department of Justice Civil Rights Division alleging discrimination in the zoning adopted and implemented by a local political jurisdiction, including the Mayor and the Board of Supervisors.
  • Right to Counsel/Privacy Act/Employment Discrimination
    • Mediation of a potential class action case involving several separate cases of alleged constitutional deprivation of right to counsel, Privacy Act violations, and employment discrimination by a U.S. intelligence agency.
  • Banking/Securities/Fraud
    • Mediation of U.S. District Court and State court litigation over allegations by a local government that the bank it retained to manage its investments established a securities group that failed to comply with contractual agreements and securities regulations. The FDIC eventually took over the bank and was a party to the litigation and a participant in the mediation.
  • Construction
    • Mediations of disputes between U.S. government and prime contractors concerning allegations by the contractors that the government improperly refused to pay for substantial actual costs incurred by the contractor in the reconstruction of several government buildings and, in another case, construction of a new federal courthouse.
  • Individuals with Disabilities Education Act
    • Mediation of two consolidated class action cases alleging that a major East Coast city’s school system was in violation of the IDEA applicable to special education students.
  • Age Discrimination
    • Mediation of a dispute involving employees and a U.S. Government entity operating outside the U.S
  • U.S. Copyright Arbitration Royalty Panel
    • One of three arbitrators appointed by the U.S. Library of Congress to resolve a dispute over the royalties owed to artists whose music was played on digital audio recording devices.

Honors, Memberships, and Professional Activities

  • Mediator, U.S. District Court and U.S. Court of Appeals (DC Cir.) ADR Program since 1995
  • Member, ABA and DC Bar Dispute Resolution Sections
  • Visiting Lecturer, American University and George Washington University Law Schools, 2013
  • Former Member, U.S. Copyright Arbitration Royalty Panel
  • Former Member, D.C. Bar Fee Conciliation and Arbitration Service
  • Former Member, JAMS Regional Advisory Council
  • Former Board Member, Boys & Girls Clubs of Greater Washington and the D.C. Boys & Girls Clubs
  • Current Member of private, non-profit Boards

Background and Education

  • LL.B., New York University School of Law, 1967 (Walsh Scholar)
  • B.A., cum laude with highest honors, Williams College, 1964 (Phi Beta Kappa)
  • Trial Attorney, U.S. Department of Justice, Civil Rights Division, Honors Law Program
  • Senior Partner/Director, Beveridge & Diamond, P.C., Washington, D.C. for 38 years. (Firm’s first Managing Partner; currently Senior Counsel)
  • Practice included litigation, arbitration, and negotiation advocacy, including jury and non-jury trials involving federal and local governments, corporations, citizens groups, and individuals. Cases included commercial, intellectual property, environment, tort, discrimination, and first amendment. Representation included plaintiffs and defendants, large and small companies, and consortiums of national and multi-national companies.

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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