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Lost Profits Available For Long-Term Contract Breach

Client Alert | less than 1 min read | 11.28.06

After finding that the government had breached by not honoring the exercise of a 50-year option by a lessee, the Court of Federal Claims in California Oregon Broadcasting, Inc. v. U.S. (Nov. 6, 2006) rebuffed the government's argument that lost profits were too speculative to recover. The court pointed out that the lessee had previously rented out the land and could make a factual showing to support profits from the leasehold into the future.

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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....