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
5/28/2025
/ Colleges ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Enforcement Actions ,
Enforcement Authority ,
Enforcement Priorities ,
Executive Orders ,
False Claims Act (FCA) ,
Policy Memorandums ,
Risk Management ,
Universities ,
Whistleblowers
The reforms called for could have a significant impact on how federal contractors and their subcontractors conduct business with the federal government....more
4/25/2025
/ Deregulation ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Agencies ,
National Security ,
Procurement Guidelines ,
Regulatory Reform ,
Regulatory Requirements ,
Subcontractors ,
Trump Administration
The order requires a review of acquisitions for non-commercial products and services....more
On April 9, 2025, President Trump issued an executive order (the Order) to streamline the defense acquisition process and workforce, and potentially eliminate defense programs that are over budget or behind schedule....more
FedRAMP 20x aims to increase efficiency through automation and removal of hurdles to FedRAMP authorization....more
Agencies must shift procurement of common goods and services to GSA, which is now the government’s executive agent for procurement of information technology....more
The First Circuit joins the Sixth and Eighth Circuits in adopting a more exacting causation standard for False Claims Act liability premised on Anti-Kickback Statute violations.
In a victory for False Claims Act (FCA)...more
3/12/2025
/ Anti-Kickback Statute ,
But For Causation ,
Causation ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Contractors ,
Healthcare Fraud ,
Litigation Strategies ,
Pharmaceutical Industry ,
Regeneron
Government contractors and subcontractors should be on the lookout for contract modifications as agencies begin implementing DEI-related Executive Orders....more
3/10/2025
/ Affirmative Action ,
Compliance ,
Contract Amendments ,
Contract Terms ,
Department of Defense (DOD) ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
Subcontractors
The proposed cuts would place a 15% indirect cost rate on all new and existing grant awards received by research institutions and universities....more
3/5/2025
/ Colleges ,
Department of Health and Human Services (HHS) ,
Executive Orders ,
Federal Funding ,
Federal Grants ,
Government Agencies ,
Grants ,
Life Sciences ,
Medical Research ,
National Institute of Health (NIH) ,
Preliminary Injunctions ,
State and Local Government ,
Trump Administration ,
Universities
Agencies must cooperate with DOGE to review certain government contracts and grants, including examination of whether the government should terminate or modify such contracts or grants to reduce or reallocate spending,...more
3/4/2025
/ Commercial Leases ,
Contract Amendments ,
Contract Termination ,
Department of Government Efficiency (DOGE) ,
Executive Orders ,
Federal Funding ,
Federal Grants ,
Federal Loans ,
Government Agencies ,
Grants ,
Public Contracts ,
Regulatory Oversight ,
Trump Administration
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
In an executive memorandum, President Trump has instructed executive agencies to make public the details of every terminated program, contract, grant, or other obligation that used federal funds....more
The proposed cuts would place a 15% indirect cost rate on all new and existing grant awards received by research institutions and universities....more
2/14/2025
/ Colleges ,
Department of Health and Human Services (HHS) ,
Executive Orders ,
Federal Funding ,
Federal Grants ,
Medical Research ,
National Institute of Health (NIH) ,
Pending Litigation ,
Regulatory Agenda ,
Research Funding ,
Scientific Research ,
State Attorneys General ,
Trump Administration ,
Universities
Corporations, associations, foundations, and institutions of higher education should be prepared for criminal, civil, and congressional inquiries.
On February 5, 2025, newly confirmed US Attorney General Pam Bondi issued...more
On January 21, 2025, President Trump issued an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the Order) directing federal agencies to enforce federal civil rights laws to...more
1/28/2025
/ Affirmative Action ,
Colleges ,
Discrimination ,
Employment Discrimination ,
Enforcement Priorities ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Protection ,
Executive Orders ,
Federal Contractors ,
Nonprofits ,
Private Foundations ,
Title VII ,
Trump Administration ,
Universities
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
DOJ may dismiss qui tam False Claims Act cases at any point, as long as it intervenes in the case and satisfies the deferential Federal Rule of Civil Procedure 41(a) standard.
The US Supreme Court, in its 8-1 June 16,...more
7/3/2023
/ Article II ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Dismissals ,
False Claims Act (FCA) ,
Federal Rules of Civil Procedure ,
Qui Tam ,
Relators ,
SCOTUS ,
United States ex rel Polansky v Executive Health Resources Inc ,
Whistleblowers
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
Physician Partners of America’s settlement highlights significant risks facing False Claims Act defendants who received Paycheck Protection Program funds.
An April 2022 US Department of Justice (DOJ) settlement suggests...more
12/22/2022
/ CARES Act ,
Certification Requirements ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
FIRREA ,
Fraud ,
Paycheck Protection Program (PPP) ,
Physicians ,
Settlement ,
Whistleblowers
Major federal suppliers would need to perform certain climate-related actions, resulting in potential knock-on implications, expectations, and risks.
Key Points:
..The federal government’s proposed regulations would...more
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
Economic aid legislation will likely result in increased scrutiny of certain industries, similar to investigations that followed relief efforts in the 2008 financial crisis.
Key Points:
..The CARES Act creates multiple...more
The 11th Circuit’s long-awaited AseraCare opinion requires more than mere disagreement regarding clinical judgment to prove falsity under the False Claims Act.
The 11th Circuit rejected the government’s theory of falsity...more
Kasowitz decision precludes use of the False Claims Act to usurp regulators’ role and collect bounties for never-adjudicated violations.
The United States Court of Appeals for the D.C. Circuit issued a decision in United...more
DOJ’s intervention against PE firm defendant may signal increased exposure for PE firms under the False Claims Act.
Earlier this year, the US Department of Justice (DOJ) sued a private equity (PE) firm in a False Claims...more