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Key Insights on DOJ's Civil Rights Fraud Initiative

In a memorandum dated May 19, 2025, Deputy Attorney General Todd Blanche announced the establishment of a new Civil Rights Fraud Initiative (the Initiative) at the Department of Justice (DOJ)....more

US Supreme Court Justices Continue to Question Constitutionality of FCA Qui Tam Provision

Justice Kavanaugh issued a concurring opinion in Wisconsin Bell, which Justice Thomas joined, to question again whether the False Claims Act qui tam provision violates Article II of the US Constitution....more

Update: Overview of Trump’s Executive Order on Pediatric Gender Dysphoria Matters

Navigating the Trump administration executive order impacting pediatric gender dysphoria evidence, coverage, disclosures, regulation, legislation, and enforcement as well as grants to certain medical institutions, including...more

Overview of Trump’s Executive Order on Pediatric Gender Dysphoria Matters

Navigating the Trump administration executive order impacting pediatric gender dysphoria evidence, coverage, disclosures, regulation, legislation, and enforcement as well as grants to certain medical institutions, including...more

Healthcare & Life Sciences Market Update - January 2025

Welcome to the latest edition of our Healthcare & Life Sciences Market Update, in which we explore the evolving landscape of investment trends, regulatory challenges, and strategic opportunities shaping the global market....more

Middle District of Florida Accepts Justice Thomas’s Invitation: FCA Qui Tam Provision Unconstitutional

The Zafirov decision finds that the False Claims Act qui tam provision violates Article II of the US Constitution. On September 30, 2024, in United States ex rel. Zafirov v. Florida Medical Associates LLC, Judge Kathryn...more

US Regulators Announce Inquiry Into Healthcare Consolidation

Companies should prepare for increased regulatory scrutiny into healthcare transactions and increased emphasis on compliance programs. The Federal Trade Commission (FTC), the Department of Justice (DOJ), and the...more

Supreme Court Holds FCA Liability Hinges on Defendants’ Subjective Beliefs as to Falsity

The Court unanimously held that a defendant’s subjective belief is relevant to scienter under the False Claims Act, even when a defendant’s conduct is consistent with an objectively reasonable interpretation of the law....more

Healthcare Tech: What Legal Pitfalls Should Tech Companies Avoid As They Jump Into Healthcare? [Video]

The US regulators have been particularly focused on new players in the health tech space and the novel regulatory issues their products present within the existing legal framework. While the market is ripe with opportunity...more

Seventh Circuit Deepens Circuit Split Over FCA Dismissal Authority

The Seventh Circuit has created a third standard for evaluating motions to dismiss pursuant to the government’s FCA dismissal authority. The US Court of Appeals for the Seventh Circuit’s August 17, 2020, opinion in United...more

Illinois’ Stay-at-Home Order: What Businesses Need to Know

The Order requires many businesses to close, but allows essential industries to continue operating, and permits employees to work remotely, as applicable. On March 20, 2020, Illinois Governor J.B. Pritzker issued Executive...more

Government Gatekeeper? DOJ Memo Encourages Dismissal of Meritless False Claims Act Cases

Leaked DOJ memo instructs government attorneys to consider dismissing certain False Claims Act qui tam actions. On January 10, 2018, Michael D. Granston, Director of the Commercial Litigation Branch of the Department of...more

DOJ Expands and Codifies Policy Incentivizing Corporations to Voluntarily Self-Disclose FCPA Violations

The revised FCPA Corporate Enforcement Policy signals DOJ’s emphasis on corporate voluntary self-disclosure, rewarding cooperating companies with a presumption in favor of declination and reductions in penalties. ...more

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