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Fixed-Price or Firm-Fixed-Price? Contractor’s Right to Seek Reimbursement of Legal Costs in Defending Qui Tam Suits

Client Alert | 1 min read | 11.20.18

On October 26, 2018, the Court of Federal Claims denied the government’s motion to dismiss a contractor’s lawsuit seeking reimbursement of legal costs incurred in defense of a False Claims Act qui tam suit, and found that the contractor sufficiently pled the requirements for allowability. Tolliver Group, Inc. v. United States, 2018 WL 5307076 (Fed. Cl. Oct. 26, 2018). Tolliver alleged that the legal costs are allocable to the initial fixed-price, level of effort contract, while the government argued that a modification changed the contract to firm-fixed-price—precluding any cost adjustments absent a contract clause providing otherwise. The Court found that the qui tam suit could only have been brought based on Tolliver’s work under the initial task order, and held that the terms and conditions under the initial contract remained in full force and effect, including—by operation of law under the Christian doctrine—the provisions of FAR § 31.205-47 covering allowable legal costs. 


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Client Alert | 3 min read | 02.27.26

EEOC v. Coca-Cola Beverages Northeast, Inc.: Another Step Focused on the EEOC’s Goal of Eradicating Unlawful DEI-Related Practices

On February 17, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) filed a complaint against Coca-Cola Beverages Northeast, Inc., in the United States District Court for the District of New Hampshire, alleging that the company violated Title VII of the Civil Rights Act of 1964 (Title VII) by conducting an event limited to female employees. The EEOC’s lawsuit is one of several recent actions from the EEOC in furtherance of its efforts to end what it refers to as “unlawful DEI-motivated race and sex discrimination.” See EEOC and Justice Department Warn Against Unlawful DEI-Related Discrimination | U.S. Equal Employment Opportunity Commission....