Finnegan Secures Precedential Pro Bono Federal Circuit Victory for AI Whistleblower

FOR IMMEDIATE RELEASE 
September 23, 2026 

WASHINGTON, DC—Finnegan secured a unanimous, precedential victory for pro bono client Dr. Babatunde Oguntade before the U.S. Court of Appeals for the Federal Circuit. In its September 22 decision in Oguntade v. Merit Systems Protection Board, the court reversed the dismissal of his whistleblower case concerning an artificial intelligence tool used to process veterans’ benefits claims.

Dr. Oguntade served as a Presidential Innovation Fellow at the Department of Veterans Affairs (VA), where he evaluated an AI tool intended to shorten the time veterans waited for benefits decisions. His statistical analyses indicated that the tool was instead delaying claims processing. He alleged that the VA continued using the tool despite his repeated warnings and removed him after he escalated his concerns.

The Merit Systems Protection Board dismissed his case for lack of jurisdiction. On appeal, the Federal Circuit held that Dr. Oguntade had plausibly alleged a reasonable belief that his disclosures evidenced gross mismanagement. The court emphasized the detailed factual allegations and statistical analyses supporting his concerns and remanded for further proceedings. The decision provides guidance on applying existing whistleblower protections to evidence-based concerns about the performance of government AI systems.

“Dr. Oguntade used his technical expertise to assess whether a government program was serving veterans effectively,” said partner Charles Collins-Chase, who led the Finnegan team. “We are pleased that he can now pursue his whistleblower claim. We hope this decision will help ensure that other government employees can raise legitimate concerns about inefficiencies in government systems without fear of retaliation.”

The matter was handled through Finnegan’s pro bono appellate program. Charles Collins-Chase and Alex Harding represented Dr. Oguntade. The case is Oguntade v. Merit System Protection Board, No. 2025-1114.

Contacts 
  
Terra Liddell, Chief Marketing Officer 
terra.liddell@finnegan.com 

Angela Robinson, Director of Branding and Communications 
angela.robinson@finnegan.com 

About Finnegan 

When your most valuable assets are ideas, innovation, and brand—you need the best to protect them. Finnegan, a premier intellectual property law firm, is trusted by global leaders to protect and advance what sets them apart. With 12 offices across the globe, we bring local insight and global reach to every IP challenge. From high-stakes litigation to cutting-edge patent strategy and innovative brand management, we deliver unmatched depth, agility, and results. If it is IP, it is Finnegan. Please visit us at www.finnegan.com or follow us on LinkedIn to see how we’re shaping the future of IP, one breakthrough at a time.