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Ask the GAO Cyber Expert

Client Alert | 1 min read | 01.30.13

On February 20 at noon at Crowell & Moring, the ABA's Public Contract Law (PCL) and Science and Technology (SciTech) Sections will co-sponsor "Information Security, Privacy and the Government Accountability Office," featuring Greg Wilshusen, GAO's top cybersecurity and privacy expert, addressing his testimony and reports to Congress on topics such as cyber threats, mobile device security, IT supply chain challenges, and critical infrastructure risks for federal agencies and government contractors. With Sharon Larkin (Chair-Elect, ABA PCL Section; GAO Contract Appeals Judge & Assistant General Counsel, Procurement Law) providing opening remarks and David Bodenheimer (C&M Partner; ABA SciTech Chair, Security, Privacy & Information Law Division) moderating, you should register here, for the opportunity to bring your best questions for Mr. Wilshusen, who has been one of the foremost thought leaders reporting and testifying on cybersecurity and privacy challenges in the public sector arena.


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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....