Too Bad, So Sad

Client Alert | 1 min read | 04.25.06

In a "twist" that reminds one of the immortal words of Mr. Bumble, "If the law supposes that, then the law
is a a--," after the Court of Federal Claims had held last year in Int'l Data Products Corp. v. U.S. that the termination of an IT products provider's contract also extinguished its warranty obligations for products already delivered, Judge George Miller has now held (Apr. 10, 2006) that the contractor cannot recover under any contract theory (including quantum meruit ) for the warranty services provided after termination, which the contractor had provided under protest because the government threatened default and debarment if it did not. The court reasoned that, because there was no written contract after the termination and because the contractor had never agreed to provide the post-termination services willingly, there was neither an express nor an implied contract for the services, depriving the court of jurisdiction.

Insights

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....