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US Attorney General Opens Door to Criminal Prosecution of Private-Sector DEI Efforts

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

Key Insights on Executive Order Directing Scrutiny of Private-Sector DEI Efforts

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

Supreme Court Holds FCA Liability Hinges on Defendants’ Subjective Beliefs as to Falsity

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

US Government Uses Receipt of PPP Funds to Create Piggyback Liability in FCA Case

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

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