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Contractor Logs Victory in Termination Case at Federal Circuit

Client Alert | less than 1 min read | 03.02.15

In EM Logging v. Department of Agriculture, 2014-1227 (Feb. 20, 2015), the Federal Circuit reversed the Civilian Board of Contract Appeals, holding that substantial evidence did not support the Board's conclusion that the US Forest Service had properly terminated a timber sale contract for "flagrant disregard" of the terms of the contract. On appeal, the court found that the record supported only four instances of route deviation, load limit violations, or delayed notifications, and held that the contractor's actions did not justify termination because termination for "flagrant disregard" must be "predicated on more than technical breaches of minor contract provisions or isolated breaches of material contract provisions which caused no damage."

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Client Alert | 3 min read | 04.14.26

DOJ’s False Claims Act Resolution Against IBM Signals Heightened Risk for Federal Contractors with DEI Programs

On Friday, April 10, 2026, the U.S. Department of Justice (DOJ) announced that International Business Machines Corporation (IBM) has agreed to pay just over $17 million to resolve allegations that it violated the False Claims Act (FCA) by failing to comply with federal anti-discrimination requirements incorporated into its federal contracts due to allegedly discriminatory diversity, equity, and inclusion (DEI) employment practices. This resolution marks the first FCA settlement secured by the DOJ under its Civil Rights Fraud Initiative, created in May 2025, and announced by then-Deputy Attorney General Todd Blanche as part of the administration’s coordinated efforts to target allegedly unlawful DEI practices. Per the agreement, the settlement is neither an admission of liability by IBM nor a concession by the United States that its claims are not well founded....