Recent legal and political False Claims Act (“FCA”) developments signal a potentially turbulent time for the defense of investigations and lawsuits brought under the FCA...more
3/12/2025
/ Anti-Kickback Statute ,
Appeals ,
Constitutional Challenges ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Healthcare ,
SCOTUS ,
Trump Administration ,
Whistleblowers
On October 9, 2019, President Trump signed two executive orders: Promoting the Rule of Law Through Improved Agency Guidance (Executive Order 13891) (the “Guidance Executive Order”) and Promoting the Rule of Law Through...more
10/16/2019
/ Administrative Interpretation ,
Auer Deference ,
Department of Justice (DOJ) ,
Draft Guidance ,
Enforcement Authority ,
Exceptions ,
Executive Orders ,
Kisor v Wilkie ,
Regulatory Agencies ,
Regulatory Standards ,
Rulemaking Process ,
Trump Administration
Following the lead of the Department of Justice, several agencies issued statements disclaiming guidance as legally binding authority. The Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation,...more
On January 25, 2018, Associate Attorney General Rachel Brand issued a memorandum significantly restricting Department of Justice (“DOJ” or “the Department”) civil litigating units’ use of executive agency guidance documents...more