1. Home
  2. |Insights
  3. |Terrell McSweeny Confirmed as Fifth FTC Commissioner

Terrell McSweeny Confirmed as Fifth FTC Commissioner

Client Alert | 1 min read | 04.10.14

In 95-1 vote yesterday, the U.S. Senate confirmed President Obama's nomination of Terrell McSweeny as the fifth commissioner at the Federal Trade Commission (FTC). McSweeny's confirmation—almost ten months after she was first nominated—fills the vacancy that was created when former Chairman Jon Leibowitz stepped down in February of 2013.

McSweeny's confirmation is significant in that it restores the Democrat's 3-2 majority on the Commission. McSweeny joins Chairwoman Edith Ramirez and Julie Brill in the majority; Maureen Ohlhausen and Joshua Wright are the two Republican Commissioners. Prior to McSweeny's confirmation, in the case of 2-2 tie, the FTC would decline to intervene.

Prior to her nomination, McSweeny worked with Vice President Biden between 2005 and 2012 in various roles, including as his deputy chief of staff, as counsel on the Senate Judiciary Committee, and as his domestic policy advisor. More recently, McSweeny served as senior counsel of competition policy in the Antitrust Division at the Department of Justice.

McSweeny brings expertise in a variety of industries, including health insurance, health care, consumer products and a wide range of policy issues. During her September 2013 confirmation hearings, McSweeny vowed to protect the middle class through competition and consumer protection enforcement, including privacy regulations. Among other things, McSweeny discussed the need to protect children's privacy, the rapidly evolving mobile technology landscape, and the necessity for public education with respect to online data collection.

McSweeny is a graduate of Harvard University and Georgetown University Law School.

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....