We were quoted in a Law360 article summarizing a September 2025 decision by a Utah federal court to dismiss False Claims Act (FCA) allegations against our clients. Continue Reading Rare (c)(2)(A) Dismissal of Long-Running FCA Case
DOJ’s New Civil Rights Fraud Initiative – Expect Increased Enforcement
On May 19, the Department of Justice (DOJ) announced the launch of the Civil Rights Fraud Initiative, which will use the federal False Claims Act (FCA) to pursue claims against recipients of federal funds that knowingly violate federal civil rights law.
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Impact of Trump Administration’s Executive Order on DEI Programs and FCA Liability
As federal contractors and grant recipients navigate the changing landscape of diversity, equity, and inclusion (DEI) programs, the Trump administration’s rescinding of Executive Order No. 11246 (EO) raises new concerns about potential False Claims Act (FCA) liability for non-compliance.Continue Reading Impact of Trump Administration’s Executive Order on DEI Programs and FCA Liability
Impact of New False Claims Act Qui Tam Ruling
I recently authored an article published as part of Law360’s Expert Analysis series in which I provided insight on a federal court’s recent and significant decision holding that the qui tam provisions of the False Claims Act (FCA) violate the Appointments Clause of the U.S. Constitution.Continue Reading Impact of New False Claims Act Qui Tam Ruling
Novel Ruling Raises Questions About Timing of Constitutional Challenges to the FCA’s Qui Tam Provisions
In recent months, False Claims Act (FCA) defendants have increasingly sought to challenge the constitutionality of the statute’s qui tam provisions. Continue Reading Novel Ruling Raises Questions About Timing of Constitutional Challenges to the FCA’s Qui Tam Provisions
United States Files First Complaint Under the Civil Cyber-Fraud Initiative
On August 22, the United States filed its complaint-in-intervention (Complaint) against the Georgia Institute of Technology (Georgia Tech) and Georgia Tech Research Corp. (GTRC, collectively, defendants), asserting claims that the defendants knowingly failed to meet cybersecurity requirements in connection with certain Department of Defense (DoD) contracts in violation of the False Claims Act.Continue Reading United States Files First Complaint Under the Civil Cyber-Fraud Initiative
Innovasis Settlement Implications
We recently co-authored an article published by Law360 detailing what the $12 million settlement of the U.S. Department of Justice’s (DOJ) case against medical device maker Innovasis Inc. may mean for other Anti-Kickback Statute (AKS) cases. Continue Reading Innovasis Settlement Implications
Series on Healthcare Fraud Risk for The Compliance & Ethics Blog
I recently authored a two-part article series published on The Compliance & Ethics Blog highlighting key updates in healthcare fraud compliance and enforcement, including insights from the firm’s annual 2023 Healthcare Fraud & Abuse Review and updates thus far in 2024. Continue Reading Series on Healthcare Fraud Risk for The Compliance & Ethics Blog
False Claims Act Settlements to Know from Q2 2024
Halfway through 2024, the government’s False Claims Act (FCA) enforcement efforts show few signs of letting up. Last month alone, the Department of Justice (DOJ) announced at least five eight-figure FCA settlements, resolving allegations ranging from unlawful kickbacks to upcoding to improper subcontracting to cybersecurity violations. Continue Reading False Claims Act Settlements to Know from Q2 2024
District Courts Wrestle with Causation in Kickback Cases While Circuit Courts Remain Divided
Two Massachusetts federal district courts recently addressed—and disagreed about—an important False Claims Act (FCA) issue that has also divided the federal circuit courts: when an alleged FCA violation is based on an underlying violation of the Anti-Kickback Statute (AKS), what kind of causal link must the government or a relator show between the alleged AKS violation and the allegedly false claim for payment?
Continue Reading District Courts Wrestle with Causation in Kickback Cases While Circuit Courts Remain Divided