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Relator's Detailed Allegations Cannot Overcome Public Disclosure Bar

Client Alert | 1 min read | 03.04.13

In U.S. ex rel. Mateski v. Raytheon Co. (C.D. Cal. Feb. 26, 2013), the district court dismissed the qui tam relator's action under the pre-2010 "public disclosure" provision, holding that, although the relator's allegations were much more specific than the information which had been publicly disclosed in the media, congressional hearings, and administrative reports, the broadly worded public disclosures on the same topics were sufficient to supply the government with enough information to initiate an investigation and, therefore, barred the action. The court rejected the relator's novel suggestion that it apply a Rule 9(b) particularity requirement to the publicly disclosed information, and it rejected his contention that he was an original source because (a) he had no hand in the public disclosure (a requirement which not all circuits apply), (b) he failed to provide his information to the government before filing suit, and (c) he could not demonstrate that he saw the fraud with his own eyes.


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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....