News & Analysis as of

Department of Justice (DOJ) Administrative Authority

Cadwalader, Wickersham & Taft LLP

DOJ Opines on FDIC Board

The DOJ recently published an opinion from the Office of Legal Counsel (“OLC”) regarding the FDIC Board. The OLC opinion concluded that “the Chairperson of the FDIC Board does not have the authority to prevent a majority of...more

Kohn, Kohn & Colapinto LLP

Supreme Court to Review DOJ’s Authority to Dismiss False Claims Act Whistleblower Suits

On June 21, the U.S. Supreme Court granted certiorari in United States, ex rel. Polansky v. Executive Health Resources, Inc. The Court agreed to hear the case which concerns the issue of whether or not the U.S. government can...more

Dentons

Texas Judge Rules CDC Eviction Moratorium Unconstitutional

Dentons on

In the ruling, U.S. District Judge John Barker ruled in favor of the landlords and property managers who brought the lawsuit, ruling that the CDC's eviction moratorium exceeded the federal government's constitutional...more

Skadden, Arps, Slate, Meagher & Flom LLP

Executive Order Seeks to Modernize 'Team Telecom' After Years-Long Effort

On April 4, 2020, President Donald Trump signed an executive order clarifying and formalizing the role of the ad hoc interagency body currently known as “Team Telecom.” Team Telecom, an executive branch group comprising the...more

Pillsbury Winthrop Shaw Pittman LLP

EPA-California Legal Showdown Looms Over Authority to Regulate Carbon

Multi-state coalition’s lawsuit challenges Trump EPA withdrawal of California Clean Air Act waiver. EPA formally announced its decision to withdraw California’s 2013 Clean Air Act waiver, which allowed the state to set its...more

Baker Donelson

Recent Court Decision Shows Best Way to Handle Civil Investigative Demands

Baker Donelson on

The United States Department of Justice (DOJ) is authorized by the False Claims Act (FCA) to issue Civil Investigative Demands, commonly known as CIDs. 31 U.S.C. § 3733. The DOJ has made increasing use of CIDs to obtain...more

Bass, Berry & Sims PLC

FCA Deeper Dive: Judicial Review of Settlements

Bass, Berry & Sims PLC on

The FCA continues to be the federal government’s primary civil enforcement tool for investigating allegations that healthcare providers or government contractors defrauded the federal government. In the coming weeks, we...more

Bass, Berry & Sims PLC

Fourth Circuit Takes a Pass on Statistical Sampling, Finds DOJ's Settlement Veto Authority Unreviewable

Bass, Berry & Sims PLC on

After granting the relators’ petition for an interlocutory review of the district court’s rejection of the use of statistical sampling to establish FCA liability, the Fourth Circuit ultimately declined to reach that issue in...more

Skadden, Arps, Slate, Meagher & Flom LLP

"New HHS OIG Criteria to Guide Resolution of Health Care Investigations"

The Office of Inspector General of the Department of Health and Human Services (OIG) has issued updated guidance on the use of its so-called permissive exclusion authority under Section 1128(b)(7) of the Social Security Act...more

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