Cybersecurity Gets Hot On The Hill
Client Alert | 1 min read | 04.07.10
On February 25, David Bodenheimer of Crowell & Moring testified at a House Armed Services Subcommittee hearing on private sector views on DoD information technology and cybersecurity initiatives, where he underscored the importance of real public-private partnerships because "the Defense Department and industry will either succeed together -- or fail separately." In his testimony, he also emphasized the private sector's need for (1) liability protection similar to the SAFETY Act coverage for contractors supporting DoD cyber initiatives; (2) effective, two-way information sharing between DoD and the private sector; (3) dispute resolution mechanisms to assure prompt due process before DoD pulls the plug on a contractor's connection to the information network; and (4) clear, firm, and consistent cybersecurity standards so that contractors do not face a kaleidoscope of conflicting requirements.
Insights
Client Alert | 3 min read | 11.21.25
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.
Client Alert | 3 min read | 11.20.25
Client Alert | 3 min read | 11.20.25
Client Alert | 6 min read | 11.19.25
