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Damages Available For Government Breach of CRADA

Client Alert | less than 1 min read | 11.24.10

The CFC in D'Andrea Bros. LLC v. U.S. (Nov. 18, 2010) rebuffed the government's argument that the court has no jurisdiction to consider an alleged breach of a no-cost cooperative research and development agreement and to award damages. The court set for trial the contractor's complaint that, when the Marine Corps bad-mouthed the contractor publicly, it breached its good faith duties by frustrating the contractor's ability to market certain trademarks for food items effectively.

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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....