Key Takeaways -
Massachusetts AG Andrea Campbell co-led a group of 47 state AGs in calling on technology companies to increase efforts to combat generative AI “deepfake” images, including deepfake pornography....more
I. Key Takeaways
- Federal enforcement under the Emergency Medical Treatment and Labor Act (EMTALA) may be changing after the Centers for Medicare & Medicaid Services (CMS) rescinded guidance issued under the Biden...more
6/23/2025
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Department of Health and Human Services (HHS) ,
Dobbs v. Jackson Women’s Health Organization ,
EMTALA ,
Health Care Providers ,
Healthcare ,
Healthcare Reform ,
Hospitals ,
Preemption ,
Reproductive Healthcare Issues ,
SCOTUS ,
Trump Administration
Following up on our previous posts on United States energy policy under the Trump Administration, we are writing with an update on recent State Attorney General (AG) action in response to the Trump Administration’s climate...more
5/30/2025
/ California ,
Clean Energy ,
Climate Change ,
Constitutional Challenges ,
Energy Policy ,
Energy Projects ,
Environmental Litigation ,
Executive Orders ,
Fossil Fuel ,
Renewable Energy ,
State Attorneys General ,
Trump Administration
Key Takeaways:
- The U.S. Department of Justice (“DOJ”) announced the creation of a new initiative focused on using the False Claims Act (“FCA”) to pursue “Civil Rights Fraud.”
- DOJ warned FCA claims could arise when a...more
5/21/2025
/ Civil Rights Act ,
Colleges ,
Department of Justice (DOJ) ,
Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Funding ,
Trump Administration ,
Universities
In this alert, we discuss key provisions of the orders and actions implicating the higher education sector and the lawsuits challenging them (building on our previous analysi...). We have grouped these actions based on their...more
Since the start of President Trump’s second administration, some State Attorneys General (AGs) have actively responded to executive orders and policy directives, including by initiating legal challenges in federal courts. Now...more
4/23/2025
/ Anti-Corruption ,
California ,
Competition ,
Consumer Protection Act ,
Consumer Protection Laws ,
Enforcement Actions ,
Executive Orders ,
Foreign Corrupt Practices Act (FCPA) ,
New York ,
Private Right of Action ,
State and Local Government ,
State Attorneys General ,
Trump Administration ,
Unfair Competition
In the twelve weeks since Inauguration Day, President Trump has issued dozens of executive orders, a number of which are designed to reverse the nation’s momentum on clean energy and climate action. He has sought to upend...more
4/16/2025
/ Clean Energy ,
Climate Change ,
Energy Policy ,
Environmental Justice ,
Environmental Policies ,
Executive Orders ,
Fossil Fuel ,
Governors ,
Offshore Wind ,
Renewable Energy ,
Solar Energy ,
State Attorneys General ,
Trump Administration
On February 18, 2025, the First Circuit Court of Appeals issued its decision in U.S. v. Regeneron Pharmaceuticals, ruling that the Anti-Kickback Statute (“AKS”) requires the government to prove that an AKS violation was the...more
On February 10, 2025, President Trump issued an executive order (EO) directing Attorney General Pam Bondi to effectively pause the Justice Department’s enforcement of the Foreign Corrupt Practices Act (FCPA). This was the...more
2/17/2025
/ Anti-Corruption ,
Attorney General ,
Compliance ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Foreign Corrupt Practices Act (FCPA) ,
National Security ,
Securities and Exchange Commission (SEC) ,
Trump Administration
On February 5, 2025, on her first day in office, U.S. Attorney General Pam Bondi issued fourteen memos outlining new policies for the U.S. Department of Justice (“DOJ”) in a broad range of enforcement arenas. Among these Day...more
2/7/2025
/ Anti-Corruption ,
Attorney General ,
Corporate Counsel ,
Corruption ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Priorities ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Policy ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
White Collar Crimes
This is the second in our 2025 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several...more
1/24/2025
/ Anti-Corruption ,
Australia ,
China ,
Clawbacks ,
Compliance ,
Corporate Counsel ,
Corporate Governance ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Draft Guidance ,
Enforcement Actions ,
EU ,
Foreign Corrupt Practices Act (FCPA) ,
France ,
Pilot Programs ,
Securities and Exchange Commission (SEC) ,
Serious Fraud Office (SFO) ,
UK ,
Whistleblower Awards ,
Whistleblowers
On September 30, 2024, Siemens Energy Inc. (“Siemens Energy”)—a U.S.-based subsidiary of German manufacturing conglomerate Siemens Energy AG—pled guilty to federal criminal charges relating to the misappropriation of...more
10/16/2024
/ Competition ,
Competitive Bidding ,
Compliance ,
Corporate Counsel ,
Criminal Prosecution ,
Energy Policy ,
Energy Sector ,
Fraud ,
Internal Investigations ,
Policies and Procedures ,
White Collar Crimes
On September 30, 2024, in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, Judge Kathryn Mizelle in the Middle District of Florida dismissed a qui tam action under the False Claims Act (“FCA”) on the basis that the...more
10/3/2024
/ Appointments Clause ,
Article II ,
Dismissals ,
False Claims Act (FCA) ,
Florida ,
Fraud ,
Health Care Providers ,
Healthcare Fraud ,
Qui Tam ,
Relators ,
SCOTUS ,
Unconstitutional Condition ,
United States ex rel Polansky v Executive Health Resources Inc ,
Whistleblowers
The government had another busy year in 2023, investigating and prosecuting healthcare fraud cases on multiple fronts. Contending with the enormous healthcare crises of the now-concluded COVID-19 pandemic and the ongoing...more
7/3/2024
/ Anti-Corruption ,
BlackRock ,
Congressional Investigations & Hearings ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Educational Institutions ,
Enforcement ,
Enforcement Actions ,
Export Controls ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Healthcare Fraud ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
Tennessee
On May 2, 2024, the Boston Bar Association (BBA) held its fifth annual White-Collar Crime Conference, featuring panel discussions with current and former prosecutors at the state and federal levels, defense counsel, and...more
On April 25, 2024, the attorneys general of 22 states issued a letter encouraging UnitedHealth Group and its subsidiary, Change Healthcare, to take additional steps to respond to a massively disruptive cyberattack. The broad,...more
5/6/2024
/ Antitrust Provisions ,
Consumer Protection Laws ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Enforcement ,
Health Care Providers ,
Health Information Technologies ,
Healthcare ,
Popular ,
Regulatory Agenda ,
Senate Finance Committee ,
Sensitive Personal Information ,
State and Local Government ,
State Attorneys General
This is the seventh in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several...more
3/21/2024
/ Acquisitions ,
Anti-Corruption ,
China ,
Clawbacks ,
Corporate Governance ,
Enforcement Actions ,
EU ,
Federal Pilot Programs ,
FEPA ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Latin America ,
Mergers ,
OECD ,
Self-Disclosure Requirements ,
UK ,
Voluntary Disclosure ,
Whistleblower Awards ,
Whistleblowers
IRS enforcement activity remained strong in 2023, with the volume of investigations and prosecutions initiated holding steady from 2022. Despite the substantial funding boost provided by the Inflation Reduction Act, with some...more