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Court Re-Affirms Rule On CDA Interest

Client Alert | less than 1 min read | 11.14.06

In Information Int'l Assocs., Inc. (October 31, 2006) the Court of Federal Claims re-affirmed that interest on amounts found due based on a contractor's properly submitted CDA claim begins to run when the claim is submitted, even on costs the contractor does not incur until after claim submission. The Court observed that the CDA "sets a single, red-letter date for interest on all amounts found due by a court without regard to when the contractor incurred the costs" and noted that, when setting the date, "Congress was concerned with fully compensating contractors for additional costs incurred in continuing performance under a contract."

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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....