The Presumption of Innocence Podcast: Episode 82 - Is Qui Tam Unconstitutional? The False Claims Act's Constitutional Reckoning
The Presumption of Innocence Podcast: Episode 75 - Who’s in Charge? Navigating Uncertainty in New Jersey’s U.S. Attorney’s Office
The Supreme Court of the United States (SCOTUS) denied Eli Lilly and Company's petition for certiorari in U.S. ex rel. Streck v. Eli Lilly on May 18, 2026, leaving intact an approximately $220 million False Claims Act (FCA)...more
The Third Circuit recently heard oral argument on the ongoing question regarding the constitutionality of the qui tam provision of the False Claims Act (FCA)....more
The Financial Industry Regulatory Authority's (FINRA) enforcement framework is again under scrutiny, as Boustead Securities, Sutter Securities, and former CEO Keith Moore filed a constitutional challenge in the U.S. District...more
The National Labor Relations Board (“NLRB”) recently asked the United States District Court for the Southern District of Texas to issue a declaratory judgment severing the statutory removal protections for NLRB board members...more
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
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
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
The U.S. Department of Justice (DOJ) has published its statistics on False Claims Act (FCA) settlements and judgments for fiscal year (FY) 2025, revealing an unprecedented, record-breaking year for enforcement. According to...more
On January 9, 2026, the United States Department of Justice (“DOJ”) announced the creation of an Artificial Intelligence Litigation Task Force (“Task Force”) through an internal memorandum....more
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
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
After a delay caused by the shutdown of the federal government last fall, Asbury Automotive Group (“Asbury”), one of the largest automobile dealer groups in the country, has resumed its constitutional challenge to the...more
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
The SCOTUS Today series doesn’t usually report on U.S. Supreme Court opinions relating to its interim orders, e.g., orders dealing with stays....more
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
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
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
The U.S. Court of Appeals for the District of Columbia Circuit’s recent consolidated decision in Harris v. Bessent and Wilcox v. Trump, holding that members of the Merit Systems Protection Board (MSPB) and National Labor...more
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
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
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
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
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
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
On December 12, 2025, the U.S. Court of Appeals for the Eleventh Circuit is scheduled to hear oral arguments in Zafirov v. Florida Medical Associates LLC, No. 24-13581, a case that squarely presents the question of the...more