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Sheppard, Mullin, Richter & Hampton LLP

Expanding, Yet Under Fire: Takeaways on The False Claims Act in 2026 from the ABA White Collar Crime Institute

The FCA Panel at the 2026 ABA White Collar Crime Institute in San Diego made one thing clear: the False Claims Act is in a constant flux, shaped by constitutional tensions, policy debates, and a rapidly politicizing...more

Morgan Lewis

Third Circuit Considers Constitutionality of False Claims Act Qui Tam Provisions

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A US Court of Appeals for the Third Circuit panel heard oral argument on March 18, 2026 in an appeal of a 2025 District of New Jersey decision upholding a jury verdict in favor of qui tam relators, presenting an opportunity...more

Fox Rothschild LLP

IRS Commissioner’s Office Vacant Once Again

Fox Rothschild LLP on

In the wake of a March 9 letter from three U.S. Senators expressing concerns about Treasury Secretary Scott Bessent’s dual role as Acting IRS Commissioner, the IRS announced today that Bessent is no longer serving as Acting...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

History is History – Qui Tam Provisions No FCA Mystery

Judge Kenney of the Eastern District of Pennsylvania, in Jonathan Meyer v ADS Clinics, LLC, No. 21-cv-5303, on February 10, 2026, rejected a most recent attempt to gut the qui tam provisions from the federal False Claims Act...more

Mintz - Health Care Viewpoints

Qui Tam Quandaries: False Claims Act at a Constitutional Crossroads — EnforceMintz

Explore key constitutional False Claims Act (FCA) issues, including Article II and Excessive Fines Clause challenges. Learn how recent court decisions impact FCA enforcement and penalty limits in 2026....more

Polsinelli

Sixth Circuit Holds the Line on FCA Qui Tam Challenges as Eleventh Circuit Looms

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Key Takeaways: Sixth Circuit FCA precedent remains intact. The Sixth Circuit declined to entertain constitutional challenges to the FCA’s qui tam provisions, emphasizing that binding circuit precedent forecloses arguments...more

Akerman LLP - Health Law Rx

The Zafirov Appellate Argument — Panel Steers Parties to Address Whistleblower Control

The much-anticipated appellate showdown regarding the constitutionality of the whistleblower (or qui tam) provision of the federal False Claims Act (FCA) took place before a three-judge panel of the Eleventh Circuit Court of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - January 2026 #2

The Beltway Buzz® is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Ballard Spahr LLP

Senate sends Levenbach nomination to be CFPB Director back to president, allowing Vought to serve longer as Acting Director

Ballard Spahr LLP on

On January 3, 2026, the Senate sent the nomination of Stuart Levenbach to be CFPB Director back to the President—a move that would allow Russell Vought to remain acting head of the bureau through August 1. President Trump...more

King & Spalding

Eleventh Circuit Hears Oral Argument on Constitutionality of the False Claims Act’s Qui Tam Provision

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On December 12, 2025, the U.S. Court of Appeals for the Eleventh Circuit heard argument in United States ex rel. Zafirov v. Florida Medical Association, LLC (Zafirov), which involves a challenge to the constitutionality of...more

Fox Rothschild LLP

The Presumption of Innocence Podcast: Episode 75 - Who’s in Charge? Navigating Uncertainty in New Jersey’s U.S. Attorney’s Office

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The prolonged legal fight over Alina Habba's status as New Jersey’s top federal prosecutor has thrown court proceedings throughout the Garden State into turmoil. Even with the recent 3rd U.S. Circuit Court of Appeals...more

Epstein Becker & Green

Eleventh Circuit Hears Arguments in Case Addressing Constitutionality of False Claims Act’s Qui Tam Provisions

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As we noted in our recent Insight, at least eight decisions from district courts around the country have rejected the reasoning in the September 30, 2024, opinion of District Judge Kathryn Kimball Mizelle from the U.S....more

Dorsey & Whitney LLP

FCA Basics: Qui Tam Lawsuits

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This is the third post in the Dorsey FCANow Blog’s FCA Basics Series covering the fundamentals of the False Claims Act (“FCA”), outlining FCA procedure, and highlighting key facets of FCA practice. Today’s post introduces the...more

Fox Rothschild LLP

Who’s Interpreting the NLRA in 2025? Courts Step in as Board Precedent Stalls

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Appellate courts have been active in the labor space amid a “lost year” for the National Labor Relations Board (NLRB), which has issued almost no decisions since the beginning of the second Trump administration, following the...more

Phelps Dunbar

Does the False Claims Act’s Whistleblower Provision Violate the Constitution? Oral Argument on U.S. ex rel Zafirov v. Florida...

Phelps Dunbar on

On a path that likely leads to the U.S. Supreme Court, the Eleventh Circuit Court of Appeals held oral argument last week in United States ex rel Zafirov v. Florida Medical Associates, LLC, et al. Judges Elizabeth L. Branch,...more

Polsinelli

FCA at a Crossroads: Eleventh Circuit Case Could Upend Qui Tam Actions

Polsinelli on

Key Takeaways: Eleventh Circuit Hears Landmark Qui Tam Appeal: The Eleventh Circuit heard oral argument in United States ex rel. Zafirov, an appeal from a district court decision holding the FCA’s qui tam provisions...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

D.C. Circuit Upholds Presidential Power to Remove NLRB and MSPB Members Without Cause

On December 5, 2025, the U.S. Court of Appeals for the District of Columbia Circuit upheld President Donald Trump’s removal of former National Labor Relations Board (NLRB) member Gwynne Wilcox and former Merit Systems...more

Dorsey & Whitney LLP

The Eleventh Circuit Hears Oral Argument in Zafirov: The Case that Could Upend Qui Tam Litigation

Dorsey & Whitney LLP on

On December 12, 2025, the Eleventh Circuit heard oral arguments in United States ex rel. Zafirov v. Florida Medical Associates, an appeal challenging relators’ authority to bring claims under the qui tam provisions of the...more

ArentFox Schiff

Eleventh Circuit Actively Engaged on Question of FCA’s Qui Tam Provisions’ Constitutionality

ArentFox Schiff on

On December 12, the Eleventh Circuit heard the much-anticipated oral arguments in United States ex rel. Zafirov v. Florida Medical Associates LLC concerning the constitutionality of the False Claims Act’s (FCA) qui tam...more

Morgan Lewis

Eleventh Circuit Considers Constitutionality of the False Claims Act’s Qui Tam Provisions

Morgan Lewis on

On December 12, 2025, an Eleventh Circuit panel heard oral argument in a closely watched Justice Department and relator appeal of a 2024 Middle District of Florida opinion finding the qui tam provisions of the False Claims...more

Bradley Arant Boult Cummings LLP

11th Circuit Oral Argument Focuses on History While Considering the FCA’s Constitutionality

On Friday, the Eleventh Circuit heard oral arguments in United States ex rel. Zafirov v. Florida Medical Associates, LLC regarding the constitutionality of the qui tam provisions in the False Claims Act, which allow private...more

Ropes & Gray LLP

The Eleventh Circuit Questions the Constitutionality of FCA’s Qui Tam Provision

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Friday, the Eleventh Circuit heard oral argument in a closely watched appeal concerning whether the qui tam provisions of the False Claims Act (“FCA”) are constitutional....more

Sheppard, Mullin, Richter & Hampton LLP

Eleventh Circuit Hears Oral Arguments in High-Profile Challenge to Constitutionality of The False Claim Act’s Qui Tam Provision

The Eleventh Circuit heard oral argument in United States ex rel. Zafirov v. Florida Medical Associates, LLC, a case addressing the constitutionality of qui tam relators that has drawn national attention. At stake is the...more

Foley & Lardner LLP

Eleventh Circuit Hears Oral Argument in Landmark Constitutional Challenge to False Claims Act’s Qui Tam Provisions

Foley & Lardner LLP on

On December 12, the U.S. Court of Appeals for the Eleventh Circuit heard oral argument in U.S. ex rel. Zafirov v. Florida Medical Associates, a closely watched appeal arising from Foley’s precedent-setting victory for its...more

Akin Gump Strauss Hauer & Feld LLP

Previewing Appellate Arguments on Whether the False Claims Act’s Qui Tam Provisions Are Constitutional and, If Not, the Remedy:...

Recently, three Supreme Court Justices, unsolicited, invited inquiry into the constitutionality of the False Claims Act’s (FCA) qui tam provisions. This inquiry has vast significance. The FCA is the government’s chief weapon...more

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