Partial Government Shutdown Does Not Toll Filing Deadlines at GAO, Court, or Boards
Client Alert | 1 min read | 12.26.18
Contractors with upcoming protest or litigation filing deadlines take note – the partial government shutdown will not impact filing deadlines at the Government Accountability Office (GAO), the U.S. Federal Courts, the Armed Services Board of Contract Appeals (ASBCA) or Civilian Board of Contract Appeals (CBCA), all of which remain open. GAO has indicated that it will operate as normal during the shutdown and will not toll any deadlines for private parties, but will grant extensions for those agencies impacted by a lapse in appropriations. The U.S. Federal Courts, including the U.S. Court of Federal Claims, are not currently impacted by the shutdown but may have limited resources if the shutdown goes beyond January 11, 2019. Agency lawyers impacted by the shutdown may seek relief from deadlines on a case by case basis. The ASBCA and CBCA remain open and are accepting filings during the shutdown.
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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
