On July 2, 2025, the Department of Justice (“DOJ”) and the Department of Health and Human Services (“HHS”) announced a joint DOJ-HHS False Claims Act Working Group (the “Working Group”) that will focus on enhanced enforcement...more
7/8/2025
/ Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Drug Pricing ,
Enforcement Actions ,
Enforcement Priorities ,
False Claims Act (FCA) ,
Healthcare ,
Healthcare Fraud ,
Medicaid ,
Medical Devices ,
Medicare ,
Working Groups
On June 27, 2025, the U.S. Supreme Court held in a 6-3 decision in Trump v. CASA, Inc. that federal courts lack the authority to issue universal injunctions under the Judiciary Act of 1789. In so ruling, the Court granted the...more
6/30/2025
/ Administrative Procedure Act ,
Class Action ,
Executive Orders ,
Injunctive Relief ,
Judicial Authority ,
Litigation Strategies ,
Preliminary Injunctions ,
SCOTUS ,
Statutory Interpretation ,
Stays ,
Trump Administration ,
Trump v CASA
On June 16, 2025, the Supreme Court granted certiorari in a case from the Third Circuit regarding the availability of a federal forum to raise constitutional challenges to a subpoena issued by a state attorney general....more
On Monday, June 16, 2025, the U.S. Supreme Court granted certiorari in Chevron U.S.A. Inc. v. Plaquemines Parish, a case about the extent to which federal contractors can remove lawsuits to federal court under the federal...more
6/24/2025
/ Appeals ,
Appellate Courts ,
Certiorari ,
Chevron ,
Contract Disputes ,
Energy Sector ,
Federal Contractors ,
Jurisdiction ,
Officer Removal ,
Oil & Gas ,
Removal ,
SCOTUS ,
Statutory Interpretation
On June 11, 2025, the recently confirmed Assistant Attorney General for the Civil Division, Brett Shumate, issued a memorandum directing Civil Division lawyers to prioritize investigations and enforcement actions advancing...more
On June 2, 2025, the Department of Health and Human Services Office of Inspector General (HHS-OIG) announced the release of its Spring 2025 Semiannual Report to Congress. Covering the period from October 1, 2024, to March 31,...more
6/5/2025
/ Centers for Medicare & Medicaid Services (CMS) ,
Criminal Investigations ,
Department of Health and Human Services (HHS) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud Abuse and Waste ,
Government Agencies ,
Healthcare Fraud ,
Information Reports ,
Investigations ,
Medicare ,
Medicare Advantage ,
OIG
On May 22, 2025, the Supreme Court unanimously declined to limit federal wire fraud to cases involving economic loss to the victim, upholding convictions of two government contractors who obtained contracts from a state...more
On May 19, 2025, Deputy Attorney General Todd Blanche announced a new Civil Rights Fraud Initiative within the Department of Justice to “utilize the False Claims Act to investigate and, as appropriate, pursue claims against...more
5/21/2025
/ Civil Rights Act ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Enforcement Priorities ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Funding ,
Students for Fair Admissions v Harvard College ,
Trump Administration ,
Universities ,
Whistleblowers
America’s response to the COVID-19 pandemic will require widespread coordination between the public and private sectors. There is a pressing need for more testing kits and test sites, new treatment and isolation facilities,...more
The outbreak of the novel coronavirus (COVID-19) has affected nearly all individuals and businesses in the United States. With over 350,000 cases confirmed worldwide, including over 30,000 cases in the United States, federal,...more
On June 26, 2019, the US Supreme Court issued a decision in Kisor v. Wilkie. The question presented in Kisor was whether to overrule the Court’s prior decisions in Auer v. Robbins, 519 U.S. 452 (1997), and Bowles v. Seminole...more
6/28/2019
/ Administrative Agencies ,
Ambiguous ,
Appeals ,
Auer Deference ,
Denial of Benefits ,
Judicial Review ,
Kisor v Wilkie ,
Reasonable Interpretations ,
Retroactive Application ,
SCOTUS ,
Veterans' Benefits
On June 11, the House of Representatives voted along party lines to approve a measure, titled Resolution 430, to streamline the ability to enforce subpoenas issued to the targets of congressional investigations. Among other...more
A recent decision calls into question the US Patent and Trademark Office (PTO) regulation providing that B delay stops accruing as soon as a Request for Continued Examination (RCE) is filed. In March 2018, the PTO declined to...more
On January 25, Associate Attorney General Rachel Brand issued a memorandum to all components of the Department of Justice with civil litigating authority limiting the use of agency guidance documents in affirmative civil...more
As the Trump Administration concludes its fifth month, industry is facing a changing regulatory landscape that offers both opportunities and challenges. In this period of transition, litigation under the Administrative...more
6/21/2017
/ Administrative Procedure Act ,
Affordable Care Act ,
Auer Deference ,
Chevron Deference ,
Executive Orders ,
Injunctions ,
Obama Administration ,
Regulatory Agenda ,
Standing ,
Trump Administration ,
Waters of the United States