News & Analysis as of

Civil Investigation Demand

Arnall Golden Gregory LLP

60 Days and Counting: DOJ’s New Fast Track for Benefits Fraud Qui Tams

On May 27, 2026, Assistant Attorney General Brett A. Shumate issued a memorandum to attorneys in the Commercial Litigation Branch’s Fraud Section and to Assistant United States Attorneys handling FCA cases that may materially...more

DLA Piper

DOJ announces accelerated review of qui tam actions: Key points

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Consistent with a prior Executive Order titled “Establishing the Task Force to Eliminate Fraud,” on May 27, 2026, the United States Department of Justice (DOJ) announced that it is fast-tracking, “to the maximum extent...more

Epstein Becker & Green

DOJ Civil Division Announces Accelerated Review of FCA Whistleblower Complaints Involving Federally Funded, State-Administered...

On May 27, 2026, DOJ’s Civil Division announced (“Announcement”) new efforts included in the Shumate Memo to accelerate the review of FCA whistleblower complaints alleging fraud against federally funded, state-administered...more

Baker Donelson

Full Speed Ahead: DOJ Accelerates Review and Enforcement in Benefits Fraud Cases

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The False Claims Act (FCA) is the main federal statute used to combat fraud against government programs. When a whistleblower (relator) files a qui tam lawsuit under the FCA, the complaint is sealed for an initial 60 days to...more

Benesch

State AGs Are Busy Bees: Benesch Continues To Monitor The Implications Of Recent State AG Actions

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With the perceived lack of federal oversight and enforcement, state attorneys general (“AGs”) continue filling the gap. Their enforcement actions and proactive guidance provide insight into the priorities of the different...more

Sheppard, Mullin, Richter & Hampton LLP

DOJ’s New National Fraud Enforcement Division

On April 7, 2026, Acting Attorney General Todd Blanche released a memorandum on the creation of the National Fraud Enforcement Division (“the NFED”) at the Department of Justice. The release of the memorandum follows the...more

Bradley Arant Boult Cummings LLP

What Government Contractors Should Do When They Receive a Civil Investigative Demand

For government contractors, receiving a Civil Investigative Demand (CID) can be unsettling. A CID often signals that the Department of Justice (DOJ) or another federal agency is investigating potential violations of the False...more

King & Spalding

First Choice SCOTUS Opinion Provides Opportunity for Early Subpoena Challenges

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On April 29, 2026, the Supreme Court unanimously decided First Choice Women’s Resource Centers, Inc. v. Davenport, Attorney General of New Jersey, No. 24-781. First Choice, a religious nonprofit that provides services for...more

Troutman Pepper Locke

Methods For Challenging State Civil Investigative Demands

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When a client receives a civil investigative demand, or CID, or equivalent subpoena from a state attorney general, the first question is always some version of “how can we move to quash this subpoena?” Our team’s reaction...more

Benesch

Texas Attorney General Targets Music Streaming “Payola”: What The Civil Investigative Demands Signal For

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On April 22, 2026, Texas Attorney General Ken Paxton announced that he has issued Civil Investigative Demands (“CIDs”) to five major music streaming platforms—Spotify, Apple Music, Pandora, Amazon Music, and YouTube...more

Kelley Drye & Warren LLP

State AGs and Consumer Protection: What We Learned From…Kansas

Joe Sciarrotta, Chief Deputy Attorney General, and Amber Smith, Deputy Attorney General for the Public Protection Division, recently joined a Kelley Drye webinar to discuss consumer protection enforcement in Kansas and the...more

Lowenstein Sandler LLP

A Unanimous Supreme Court Expands Defendants’ Ability to Challenge Civil Investigative Subpoenas in Federal Court

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On April 29, the U.S. Supreme Court handed down a rare unanimous decision in First Choice Women’s Resource Centers, Inc. v. Davenport, holding that the New Jersey Attorney General’s subpoena demanding donor information from...more

King & Spalding

Decision Analysis—First Choice Women’s Resource Centers v. Davenport: The Supreme Court Just Gave Subpoena Targets More Options

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The Supreme Court just gave recipients of government subpoenas, civil investigative demands, and other legal process a new and potentially powerful tool for responding to those investigative demands, especially if those...more

Kelley Drye & Warren LLP

Supreme Court Unanimously Limits State AG’s Subpoena Power Over Donor Information

The U.S. Supreme Court recently issued an unanimous decision holding that a New Jersey Attorney General subpoena seeking nonprofit donor information inflicted a present injury on the organization’s First Amendment...more

Offit Kurman

From CARES Act Relief to CARES Act Enforcement: PPP and ERC Risks Are Rising

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When Congress passed the CARES Act in March 2020, it did more than inject liquidity into the economy through programs like the Paycheck Protection Program (PPP)....more

MG+M The Law Firm

Intersection of PFAS and Consumer Deception Further Highlighted by Texas Attorney General's Probe into Lululemon

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On April 13, 2026, Texas Attorney General Ken Paxton issued a Civil Investigative Demand to premium athletic apparel brand Lululemon to investigate its potential use of per- and polyfluoroalkyl substances (PFAS) in clothing....more

Benesch

Increased Enforcement Scrutiny On Solar Industry Targets Savings Claims

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As rising temperatures drive higher energy costs, consumers are increasingly drawn to solar energy as a means of reducing utility bills. Companies may be tempted to capitalize on this demand—particularly amid elevated gas...more

Pillsbury - PFAS Observer

Texas Attorney General to Investigate Potential PFAS in Lululemon

On April 13, 2026, the Texas Attorney General’s Office issued a Civil Investigative Demand (CID) to Lululemon USA Inc. based on the alleged presence of PFAS in the company’s apparel. According to Paxton’s announcement, the...more

Troutman Pepper Locke

SCOTX Clarifies Standards for Challenging Civil Investigative Demands

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In its recent decision in Office of the Attorney General v. PFLAG, Inc., the Texas Supreme Court addressed the scope of the attorney general’s (AG) authority to issue civil investigative demands (CIDs) under the Deceptive...more

Cozen O'Connor

Montana AG Driven to Investigate Data Practices of Auto Companies

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Montana AG Austin Knudsen is investigating Ford Motor Company and Stellantis N.V. for allegedly violating the state’s consumer protection law by collecting and selling drivers’ vehicle data without adequate disclosure or...more

BakerHostetler

FTC Signals Importance of Early Economic Engagement in Consumer Protection Investigations

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In an April 8 FTC Business Blog post, Bureau of Consumer Protection (BCP) Director Christopher Mufarrige underscored the importance of proactive and rigorous economic analysis in consumer protection investigations where the...more

Troutman Pepper Locke

Navigating Multistate State AG Investigations: From First CID to Final Settlement

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State attorneys general are some of the most active regulators in the country, particularly in consumer protection, antitrust, privacy, and emerging technology. For many companies, the first sign of contact is a civil...more

Dorsey & Whitney LLP

FCA Basics: Government Investigations and Self-Disclosure

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This is the sixth 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 discusses...more

Wiley Rein LLP

[Webinar] Government Contracts Boot Camp Series - The FCA’s Continuing Evolution and Tactics to Address Allegations - February...

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This Boot Camp will review: - Key trends driving FY25’s record $6.8 billion in FCA recoveries; - Significant 2025 developments in the Judicial, Executive, and Legislative branches; - Emerging issues to track in 2026...more

Venable LLP

[Webinar] How Subscription Offers Have Become One of the Hottest Areas of Challenge in 2026 - February 26th, 2:00 pm - 3:00 pm ET

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No company wants a lawsuit or civil investigative demand over their autorenewal practices. And settling a case for millions or billions of dollars is even worse. In 2025, negative options and subscription offers became one of...more

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