EU Member States Approve EU-U.S. Privacy Shield
Client Alert | 1 min read | 07.08.16
Today, the European Union (EU) Member States in their function as the Article 31 Committee approved the final version of the EU-U.S. Privacy Shield, the new framework for transatlantic data transfers. It is set to replace the U.S.-EU Safe Harbor which the European Court of Justice invalidated in October 2015. Today’s vote by the Article 31 Committee, which was an important prerequisite for the formal adoption, paves the way for the European Commission’s adequacy decision, which is expected to take place early next week. The European Commission stated that, “Both consumers and companies can have full confidence in the new arrangement, which reflects the requirements of the European Court of Justice. Today’s vote by the Member States is a strong sign of confidence.” The European Commission also noted that during the adoption process it consulted as broadly as possible, “taking on board the input of key stakeholders, notably the independent [Member State] data protection authorities and the European Parliament.” The Commission likely hopes its final consultations and changes will satisfy potential opponents to the new program.
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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
