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SBA Proposes Sweeping Expansion of the Mentor-Protégé Program

Client Alert | 1 min read | 02.13.15

On February 5, 2015, the SBA issued a proposed rule implementing portions of FY 2013 NDAA regarding the establishment of a universal mentor-protégé program available to all small businesses (instead of just certain SBA-approved 8(a) contractors under the current program) that would allow, among other benefits, approved mentor-protégés to compete as a joint venture for set-aside awards for which the protégé would otherwise be eligible. The SBA is seeking comments (due by April 6, 2015) on a number of aspects of this proposed rule, including whether the SBA should require all joint ventures in this program to be formed as separate legal entities and whether there should be a maximum of two mentors per protégé.

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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....

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