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Tucker Act Reaches More NAFIs Than Many Thought

Client Alert | less than 1 min read | 02.02.11

In a 6-4 en banc decision, the Federal Circuit in Slattery v. U.S. (Jan. 28, 2011) has overruled significant contrary precedent and explained that the Tucker Act provides jurisdiction to sue non-appropriated funds instrumentalities of the government, irrespective of their funding source and whether or not they are listed explicitly in the act (such as the military exchanges have been since the 1970 amendments).  Judgments in such cases will be paid from the Judgment Fund.

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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....