The United States Supreme Court issued a decision that curtailed the practice of “universal” or “nationwide” injunctions and may have a significant impact for individuals and organizations that seek redress from the courts,...more
6/30/2025
/ Administrative Procedure Act ,
Article III ,
Executive Orders ,
Injunctions ,
Injunctive Relief ,
Judicial Authority ,
Litigation Strategies ,
Preliminary Injunctions ,
SCOTUS ,
Statutory Interpretation ,
Trump Administration ,
Trump v CASA
On Monday, May 19, 2025, Department of Justice (“DOJ”) Deputy Attorney General Todd Blanche issued a memorandum establishing the “Civil Rights Fraud Initiative” (the “Memorandum”), in the latest signal that DOJ intends to...more
5/21/2025
/ Civil Rights Act ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Enforcement Priorities ,
False Claims Act (FCA) ,
Gender Identity ,
Memorandum of Guidance ,
Sex Discrimination ,
Title VII ,
Universities
The Trump Administration’s effort to remake the Federal government’s relationship with Higher Ed and research grantees continues to gather steam, and an unprecedented recent letter to Harvard presages a potentially new front:...more
5/13/2025
/ Administrative Procedure Act ,
Colleges ,
Department of Education ,
Enforcement Actions ,
Federal Funding ,
Harvard University ,
Higher Education Act ,
Medical Research ,
Scientific Research ,
Suspensions & Debarments ,
Trump Administration ,
Universities
Deputy Assistant Attorney General Michael Granston laid out the Department of Justice’s (“DOJ”) priorities over the next four years at the Federal Bar Association’s annual qui tam conference in Washington, D.C. last week....more
On Friday, February 7, the National Institutes of Health (“NIH”) issued Policy Statement Supplemental Guidance affecting budgets both for active grants and for future grants, which was set to take effect on Monday, February...more
2/14/2025
/ Administrative Procedure Act ,
Breach of Contract ,
Colleges ,
Contract Terms ,
Federal Funding ,
Federal Grants ,
Government Agencies ,
Guidance Update ,
Medical Research ,
Pending Litigation ,
Policy Statement ,
Preliminary Injunctions ,
Scientific Research ,
Universities
The first weeks of the Trump Administration have created substantial uncertainty within Dorsey’s client base, with many clients assessing their partnerships with the United States government and asking whether they have legal...more
2/4/2025
/ Administrative Procedure ,
Administrative Procedure Act ,
Contract Termination ,
Corporate Counsel ,
Federal Contractors ,
Federal Funding ,
Federal Grants ,
Government Agencies ,
Public Contracts ,
Termination ,
Trump Administration
On January 27, the Acting Director of the Office of Management & Budget issued a new Memorandum (M-25-13) that presages significant disruption—if not outright cancellation—of many federal assistance awards. ...more
1/29/2025
/ Educational Institutions ,
Executive Orders ,
Federal Funding ,
Federal Grants ,
Government Agencies ,
Nonprofit Research Organizations ,
Nonprofits ,
OMB ,
Regulatory Agenda ,
Research and Development ,
SBA ,
Scientific Research ,
Universities
The U.S. Department of Justice (DOJ) recently released the fiscal year (FY) 2024 (October 1, 2023 – September 30, 2024) statistics on qui tam and non-qui tam actions under the False Claims Act, 31 U.S.C. § 3729, et seq....more
1/28/2025
/ Cybersecurity ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Statistics ,
False Claims Act (FCA) ,
Healthcare Fraud ,
Medicare Advantage ,
Opioid ,
Qui Tam ,
Settlement ,
Whistleblowers
On January 21, the President issued an Executive Order with significant impact for Federal contractors and grantees. The EO upsets settled rules related to affirmative action plans and Department of Labor enforcement...more
1/23/2025
/ Affirmative Action ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Employment Policies ,
Enforcement Priorities ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
OFCCP ,
Public Employees ,
Qui Tam ,
Trump Administration ,
Whistleblowers
On June 1, 2023, a unanimous Supreme Court decision sought to clarify the meaning of “scienter” in the FCA context, which deals with the defendant’s knowledge (or lack thereof) that a claim for payment was false and intent to...more
The government has been actively investigating and prosecuting Paycheck Protection Program (“PPP” or the “Program”) fraud ever since the Small Business Administration (“SBA”) rolled out the Program in the Spring of...more
The United States Innovation and Competition Act (“USICA”) passed the Senate on June 8, 2021. The bill, a rare bipartisan effort, would pour funding into research, design, and manufacturing initiatives in key technological...more
6/18/2021
/ Biden Administration ,
Buy America ,
Colleges ,
Critical Infrastructure Sectors ,
Executive Orders ,
Federal Funding ,
Federal Grants ,
Infrastructure ,
Made in the USA ,
Manufacturers ,
National Science Foundation ,
Pending Legislation ,
Research and Development ,
Semiconductors ,
STEM ,
Technology Sector ,
U.S. Commerce Department ,
Universities
On January 14, 2021, the United States Department of Justice (“DOJ”) issued its annual press release highlighting its recoveries from False Claims Act (“FCA”) enforcement over the last fiscal year. Total recoveries in FY2020...more
On January 12, 2021, the Eastern District of California entered into a civil settlement with a Paycheck Protection Program (“PPP”) borrower and its CEO to resolve allegations of fraud. The settlement stemmed from a $350,000...more
1/15/2021
/ CARES Act ,
Chapter 11 ,
Commercial Bankruptcy ,
Criminal Prosecution ,
Enforcement Actions ,
False Claims Act (FCA) ,
FIRREA ,
Fraud ,
Paycheck Protection Program (PPP) ,
Qui Tam ,
Settlement
As the public health and economic responses to COVID-19 dominate the headlines and traditional government enforcement actions slow, anticipate a significant increase in government enforcement actions, internal investigations...more