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Safety Act Red Tape Wins The First Round: Applications 19 -- Approvals 0

Client Alert | less than 1 min read | 05.19.04

After acknowledging that the Homeland Security Department (DHS) expected 1,000 SAFETY Act applications, the Acting SAFETY Act Director (Wendy Howe) announced at a May 11th conference that the agency had received 83 pre-applications and 19 full applications, of which 8 applications are now being presented to the Assistant Secretary for review. With no SAFETY Act applications yet being approved by DHS, chairmen of three Congressional committees have complained to Secretary Ridge about "lengthy and burdensome bureaucratic obstacles" and "administrative red tape" that have choked the application process and delayed the introduction of critical anti-terrorism technology.

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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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