Fiscal year (FY) 2025 was a groundbreaking year for the False Claims Act (FCA) in several respects. Recoveries under the statute reached an all-time high of nearly $7 billion, more than double those in each of the prior...more
2/11/2026
/ Constitutional Challenges ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Statistics ,
False Claims Act (FCA) ,
Federal Procurement Systems ,
Healthcare Fraud ,
Medicare Advantage ,
Pharmaceutical Industry ,
Popular ,
Prescription Drugs ,
Qui Tam
The US Department of Justice (DOJ) has reportedly launched False Claims Act (FCA) investigations related to corporate diversity, equity, and inclusion (DEI) practices, raising the stakes for companies seeking to manage DEI...more
1/13/2026
/ Civil Investigation Demand ,
Constitutional Challenges ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Enforcement Actions ,
Executive Orders ,
False Claims Act (FCA) ,
Gender Identity ,
Government Investigations ,
Subpoenas ,
Trump Administration
On January 8, Vice President JD Vance announced the creation of a new position at the Department of Justice (DOJ) to conduct fraud investigations as part of an “interagency” effort that would be “run out of the White House.” ...more
A recent False Claims Act (FCA) settlement between Dana-Farber Cancer Institute, Inc. (Dana-Farber) and the US Department of Justice (DOJ) further demonstrates the need for federally funded research institutions to have...more
12/26/2025
/ Applications ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Funding ,
Federal Grants ,
Grants ,
Hospitals ,
Medical Research ,
Research and Development ,
Settlement Agreements ,
Universities ,
Whistleblowers
The Foreign Agents Registration Act (FARA) was one of several legal authorities President Donald Trump directed the Department of Justice (DOJ) to rely upon in a September 25, 2025 Presidential Memorandum on Countering...more
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 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
On February 21, 2025, the Supreme Court unanimously held that requests for reimbursement from a privately administered fund qualified as “claims” under the False Claims Act (FCA) because the government “provide[d]” a...more
On January 21, 2025, President Trump issued an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the Order), which seeks to eliminate diversity, equity, and inclusion (DEI) policies...more
1/28/2025
/ Affirmative Action ,
Civil Rights Act ,
Corporate Counsel ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employment Litigation ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
OFCCP ,
Trump Administration
In a groundbreaking opinion issued on September 30, 2024, Judge Kathryn Kimball Mizelle of the U.S. District Court for the Middle District of Florida dismissed a False Claims Act (FCA) lawsuit, holding that the qui tam...more
On June 6, 2024, the US Supreme Court decided Becerra v. San Carlos Apache Tribe and Becerra v. Northern Arapaho Tribe (Nos. 23-250 and 23-253), holding that the Indian Health Service (IHS) must reimburse Native nations,...more
6/12/2024
/ Becerra v San Carlos Apache Tribe ,
Claim Procedures ,
Health Insurance ,
Indian Health Service (IHS) ,
Medicaid ,
Medical Reimbursement ,
Medicare ,
Native American Issues ,
SCOTUS ,
Statute of Limitations ,
Tribal Government Programs ,
Tribal Governments
On June 1, 2023, the Supreme Court decided a pair of closely watched False Claims Act (FCA) cases, U.S. ex rel. Schutte v. SuperValu Inc., No. 21-1326, and U.S. ex rel. Proctor v. Safeway, Inc., No. 22-111....more
6/5/2023
/ Drug Pricing ,
False Claims Act (FCA) ,
Materiality ,
Medicaid ,
Medicare ,
Misrepresentation ,
Objective Falsity ,
Pharmacies ,
Prescription Drugs ,
Safeco Insurance Co of America v Burr ,
Scienter ,
SCOTUS ,
Subjective Standard ,
Universal Health Services Inc v United States ex rel Escobar ,
US ex rel Thomas Proctor v Safeway Inc ,
US ex rel Tracy Schutte et al v SuperValu Inc et al
On January 13, 2023, the Supreme Court granted certiorari in a pair of consolidated cases from the Seventh Circuit that could result in one of the most consequential False Claims Act (FCA) decisions since the FCA was amended...more
On December 5, 2022, the Interior Department’s Bureau of Indian Affairs (BIA) published proposed revisions to 25 C.F.R. Part 151—the regulations governing the United States’ discretionary acquisition of land in trust for the...more
12/14/2022
/ Administrative Procedure ,
Bureau of Indian Affairs ,
Department of the Interior ,
Economic Development ,
Indian Reorganization Act ,
Indian Tribal Trusts ,
Native American Issues ,
Real Estate Transfers ,
Rulemaking Process ,
Tribal Economic Development Projects ,
Tribal Lands
The US Department of Justice (DOJ) recently announced plans to use the False Claims Act (FCA) to pursue cybersecurity-related fraud by government contractors, subcontractors and grant recipients, including for providing...more
10/14/2021
/ Compliance ,
Cyber Crimes ,
Cyber Incident Reporting ,
Cybersecurity ,
Data Protection ,
Department of Justice (DOJ) ,
DFARS ,
False Claims Act (FCA) ,
Federal Contractors ,
Fraud ,
Subcontractors
The Department of Justice (DOJ) announced on January 14, 2021 that it had recovered $2.2 billion in False Claims Act (FCA) settlements and judgments in its 2020 fiscal year. While that figure is down considerably from prior...more
On March 27, the Coronavirus Aid, Relief, and Economic Security, or CARES, Act was signed into law, setting in motion the distribution of funds and other relief mechanisms to counteract the economic fallout from the...more
On March 27, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law, setting in motion the distribution of funds and other relief mechanisms to counteract the economic fallout from the coronavirus...more
On March 27, the President signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The $2 trillion stimulus package is the largest in American history and will make available hundreds of billions of...more
After days of intense negotiation, last night the Senate passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a $2 trillion stimulus package to respond to the economic fallout from the coronavirus (COVID-19)...more
The Supreme Court held that the FCA’s extended limitations period is available to relators in qui tam cases even when the government declines to intervene. Lower courts continued to divide over the first-to-file bar,...more
1/14/2020
/ Appeals ,
Civil Monetary Penalty ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Grants ,
Health Care Providers ,
Legislative Agendas ,
Pharmaceutical Industry ,
Public Procurement Policies ,
Qui Tam ,
Regulatory Requirements ,
SCOTUS ,
Settlement ,
State and Local Government
A recent report by a pro-transparency group and The Wharton School found a clear trend among S&P 500 companies toward increased disclosures and oversight regarding their political spending. Per the report, more than half of...more
11/5/2019
/ Corporate Governance ,
Disclosure Requirements ,
Information Reports ,
Lobbying ,
Pay-To-Play ,
Policies and Procedures ,
Political Contributions ,
Popular ,
Publicly-Traded Companies ,
Risk Management ,
Risk Mitigation ,
S&P ,
Shareholder Activism ,
Shareholders ,
Transparency
After decades in which the Foreign Agents Registration Act (FARA) received relatively little attention, a confluence of recent events has given the statute newfound prominence. Together, these developments compound the...more
3/11/2019
/ Advisory Opinions ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Exemptions ,
Foreign Agents ,
Foreign Agents Registration Act (FARA) ,
Foreign Governments ,
Foreign Nationals ,
Lobbying ,
Lobbying Disclosure Act ,
National Security ,
Recordkeeping Requirements ,
Reporting Requirements
Federal False Claims Act (FCA) recoveries in fiscal year 2018 amounted to $2.88 billion, down by roughly $600 million from the prior year and dropping below $3 billion for the first time in eight years. Healthcare cases,...more
1/9/2019
/ Causation ,
False Claims Act (FCA) ,
False Implied Certification Theory ,
Federal Contractors ,
Federal Procurement Systems ,
First-to-File ,
Healthcare ,
Materiality ,
Objective Falsity ,
Petition for Writ of Certiorari ,
Pharmaceutical Industry ,
Public Disclosure ,
Regulatory Standards ,
Retaliation ,
Scienter ,
Statute of Limitations