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Introducing Crowell & Moring’s Government Contractor Recovery Practice Performance Review Offering (PRO)

Client Alert | 1 min read | 03.16.17

The Government Contracts Group of Crowell & Moring LLP is pleased to announce its Government Contractor Recovery Practice, focused on recovery opportunities for our clients in in the government contracting industry. Our team consists of experienced and highly skilled attorney and non-attorney government contract management professionals who stand ready to assist clients with identifying and pursuing claims based on a variety of contractual theories – including REAs and claims to recover (i) increased performance costs attributable to Government action or delay, (ii) costs resulting from Government-initiated contract termination, (iii) costs of remediating certain environmental pollution and toxic tort litigation covered by certain indemnification clauses, and (iv) other costs to which contractors are entitled by operation of contract or statute. Our Performance Review Offering (PRO) allows, at your request, our team of experienced Crowell & Moring attorneys to provide a “diagnostic” review of the relevant documentation on your contract or program and make a recommendation regarding whether or not to pursue a claim; we can also discuss alternative fee arrangements, including risk-sharing, full and partial contingency arrangements.

Insights

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....