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Continuing Resolution Expires April 28, 2017

Client Alert | less than 1 min read | 04.07.17

The Continuing Resolution funding government operations will expire on April 28, 2017. Absent a budget agreement or a new CR, certain government operations will cease. While Congress is working on the budget, contractors wishing to plan for the end of the CR and a potential shutdown might consider: (1) maintaining open lines of communication with their customers; (2) cataloguing contracts by funding source, performance period, option exercise dates to assess impact on their businesses, while paying attention to changes clauses for opportunities for mitigation; (3) preparing for human resources impacts on staff; and, (4) reviewing subcontracts to understand rights and obligations on both sides.

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Client Alert | 3 min read | 11.21.25

A Sign of What’s to Come? Court Dismisses FCA Retaliation Complaint Based on Alleged Discriminatory Use of Federal Funding

On November 7, 2025, in Thornton v. National Academy of Sciences, No. 25-cv-2155, 2025 WL 3123732 (D.D.C. Nov. 7, 2025), the District Court for the District of Columbia dismissed a False Claims Act (FCA) retaliation complaint on the basis that the plaintiff’s allegations that he was fired after blowing the whistle on purported illegally discriminatory use of federal funding was not sufficient to support his FCA claim. This case appears to be one of the first filed, and subsequently dismissed, following Deputy Attorney General Todd Blanche’s announcement of the creation of the Civil Rights Fraud Initiative on May 19, 2025, which “strongly encourages” private individuals to file lawsuits under the FCA relating to purportedly discriminatory and illegal use of federal funding for diversity, equity, and inclusion (DEI) initiatives in violation of Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Jan. 21, 2025). In this case, the court dismissed the FCA retaliation claim and rejected the argument that an organization could violate the FCA merely by “engaging in discriminatory conduct while conducting a federally funded study.” The analysis in Thornton could be a sign of how forthcoming arguments of retaliation based on reporting allegedly fraudulent DEI activity will be analyzed in the future....

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