Past Performance CDA Appeal Revisited
Client Alert | less than 1 min read | 08.04.09
In Todd Constr. L.P. v. U.S. (July 22, 2009), Judge G. Miller, following up on his prior decision that a contractor may file a CDA appeal of an adverse past performance determination, provided guidance on the scope of relief available to the plaintiff, namely, a remand to the agency with "just and proper" directions from the court to assist the agency in addressing identified concerns. The court cites to and adopts a number of the recommendations made in a recent article by C&M's John McCarthy and Addie Cliffe.
Contacts
Insights
Client Alert | 3 min read | 04.14.26
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.
Client Alert | 4 min read | 04.14.26
FedRAMP Solicits Public Comment on Overhaul to Incident Communications Procedures
Client Alert | 5 min read | 04.14.26
Client Alert | 4 min read | 04.14.26


