News & Analysis as of

Fifth Amendment False Claims Act (FCA)

McGuireWoods LLP

Fourth Circuit Allows Anti-DEI Executive Order Provisions Involving Federal Contractors and Grantees to Proceed

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On March 14, 2025, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit lifted a nationwide preliminary injunction that previously halted parts of two DEI-related executive orders signed by President Donald...more

Adler Pollock & Sheehan P.C.

Guidance on DEI for Federal Contractors and Grant Recipients

Many federal contractors and grant recipients are seeking guidance regarding Diversity, Equity and Inclusion (“DEI”) in the wake of the Fourth Circuit Court of Appeals upholding President Trump’s Executive Orders on DEI (“DEI...more

Womble Bond Dickinson

Appeals Court Lifts Injunction on Pair of DEI-Targeting Executive Orders: What It Means for Federal Contractors and Grantees

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A panel of the United States Court of Appeals for the Fourth Circuit lifted a nationwide injunction, allowing the Trump administration to resume implementation of a pair of executive orders targeting diversity, equity, and...more

Seyfarth Shaw LLP

Federal Contractor DEI Certifications Allowed to Resume After Fourth Circuit Temporarily Blocks District Court's Nationwide...

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On March 14, 2025, the Fourth Circuit reversed a lower court's nationwide injunction that blocked key portions of President Trump's January 2025 Executive Orders on DEI programs. While the appeal is pending, federal agencies...more

Smith Anderson

Court Puts Key DEI Executive Order Provisions on Indefinite Hold

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On February 21, 2025, a federal court in Maryland issued a nationwide preliminary injunction temporarily blocking the administration from carrying out key provisions in two of President Trump’s Executive Orders on Diversity,...more

Shipman & Goodwin LLP

Federal Court Injunction Pauses Key Provisions of President Trump’s DEI Executive Orders

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On February 21, 2025, the U.S. District Court for the District of Maryland issued a preliminary injunction that significantly impacts two of President Trump’s executive orders targeting Diversity, Equity, and Inclusion (DEI)...more

Arnall Golden Gregory LLP

The Ongoing Battle Between Judicial and Executive Power: The District Court of Maryland Enjoins President Trump’s DEI Orders on a...

On Friday, February 21, 2025, the United States District Court for the District of Maryland entered a preliminary injunction halting provisions of two of President Trump’s executive orders that sought to effectively eliminate...more

Fenwick & West LLP

Judge Blocks Trump Administration’s Efforts to Eliminate DEI Programs; Government Appeals

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On February 3, 2025, the National Association of Diversity Officers in Higher Education, the American Association of University Professors, Restaurant Opportunities Centers United, and the Mayor and City Council of Baltimore...more

Holland & Knight LLP

DEI Revived? Judge Issues Nationwide Injunction Against DEI-Based Executive Orders

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"Vague laws invite arbitrary power," U.S. District Judge Adam Abelson of the U.S. District Court for the District of Maryland said in a ruling temporarily barring the Trump Administration from implementing parts of its...more

Hinckley Allen

What Now with DEI? Federal Court Declares Certain Provisions of Trump’s DEI Executive Orders Unconstitutional

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On January 20 and 21, 2025, President Trump declared “DEI” to be henceforth “illegal” and issued two executive orders aimed at eliminating DEI programs – leaving employers in the private and public sectors to wonder – what...more

Cooley LLP

Maryland Federal District Court Preliminarily Blocks Key Provisions of Trump Anti-DEI Orders

Cooley LLP on

On February 21, 2025, the US District Court for the District of Maryland issued an order temporarily blocking three key provisions of two January 2025 executive orders issued by President Donald Trump – Executive Order 14151,...more

Epstein Becker & Green

Anti-DEI Executive Orders Enjoined: Implications for Federal Funding Recipients and Private Employers

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On Friday, February 21, 2025, a federal judge issued a Preliminary Injunction in National Association of Diversity Officers in Higher Education, et al. v. Trump, blocking significant portions of two Executive Orders (EOs)...more

Nelson Mullins Riley & Scarborough LLP

Maryland Federal Court Enjoins Implementation and Enforcement of Two Trump Executive Orders Directed at DEI

On February 20, 2024, a Federal District Court in Baltimore preliminarily stopped the Trump DEI Executive Orders from going into effect until further legal proceedings occur. This abrupt halt of the Executive Orders will...more

Blank Rome LLP

Court Temporarily Hits the Brakes on EO 14173 Ending Illegal Discrimination: What Employers Should Know

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Big Picture - On February 21, 2025, a Federal Judge in the District Court of Maryland granted a temporary injunction blocking portions of President Trump’s Executive Orders “Ending Illegal Discrimination and Restoring...more

Proskauer - Law and the Workplace

Federal Court Issues Partial Preliminary Injunction Halting Enforcement of DEI-Related EOs

On February 21, 2025, the U.S. District Court for the District of Maryland issued a preliminary injunction pausing enforcement of several provisions of President Trump’s DEI-related executive orders on Ending Radical and...more

Perkins Coie

Trump DEI Executive Order Signals Risks of False Claims Act Liability for Government Contractors and Grantees

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Among the many issues raised by President Trump’s Executive Order (EO) 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”) targeting diversity, equity, and inclusion (DEI) programs is the prospect...more

Arnall Golden Gregory LLP

Government Investigations Team Insights - February 2023

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors, SEC enforcement attorneys, and federal agency attorneys, has...more

Dorsey & Whitney LLP

The Supreme Court Update - January 13, 2023

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On Friday, January 13, the Supreme Court of the United States granted certiorari in eight cases: U.S. ex rel. Schutte v. SuperValu Inc.; U.S. ex rel. Proctor v. Safeway, Inc., Nos. 21-1326, 22-111: These consolidated...more

Skadden, Arps, Slate, Meagher & Flom LLP

FDA’s Final Rule on Intended Use: ‘Getting Right Back to Where We Started From’

On August 2, 2021, the U.S. Food and Drug Administration (FDA) issued its final rule amending the intended use regulations codified at 21 CFR 801.4 and 21 CFR 201.128, marking the end of an effort FDA began in 2015. While the...more

McGuireWoods LLP

The Perils of Pleading the Fifth in the Corporate Fraud Context

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“Pleading the Fifth” is one of the most commonly known phrases in our legal system, and the right against self-incrimination is one of the Constitution’s most meaningful protections. That said, in the corporate fraud context,...more

Ward and Smith, P.A.

A Parallel Universe: Navigating Discovery in Concurrent Civil and Criminal Proceedings

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As criminal law has expanded into almost every sector of the American economy, one byproduct is the rise of "parallel proceedings"—lawsuits that proceed concurrently in criminal and civil court based on largely the same...more

King & Spalding

Circuit Court Affirms $237.5 Million Judgment Against Tuomey

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On July 2, 2015, the Fourth Circuit affirmed a $237,454,195 judgment against Tuomey Health Care System (Tuomey) for violations of the Federal False Claims Act (FCA), which liability arose from violations of the Stark law....more

BakerHostetler

Tuomey Judgment Upheld in Novel Stark Law and False Claims Act Case

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The U.S. Court of Appeals for the Fourth Circuit recently upheld the judgment against Tuomey Healthcare System, Inc. (Tuomey), in a qui tam False Claims Act case predicated on Stark Law violations. The district court in the...more

Burr & Forman

Dodd-Frank News: April 2015: Dodd-Frank Wall Street Reform and Consumer Protection Act Update

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The Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted as a measure to promote financial stability and protection for consumers through increased regulation of nearly every aspect of the consumer finance...more

Womble Bond Dickinson

Court Denies Stay and Revives FCA Claims Based on "Implied Certification" Theory

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In a False Claims Act lawsuit against an armored car manufacturer, Judge Kiser recently denied a motion to stay the case, pending resolution of related criminal charges, and granted a motion for reconsideration, thus reviving...more

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