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DOJ Civil Division Assistant Attorney General’s first day memorandum sets out FCA enforcement priorities aligned with Trump...

On the day he was sworn in, June 11, 2025, Civil Division Assistant Attorney General (AAG) Brett Shumate took the unusual step of issuing a memorandum to all employees of the Department of Justice (DOJ) Civil Division – most...more

Deputy Attorney General launches Civil Rights Fraud Initiative to pursue FCA cases based on alleged discrimination

On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum (Blanche Memorandum) directing the Department of Justice’s Civil Division Fraud Section and Civil Rights Division to lead a Civil Rights Fraud...more

The False Claims Act Guide: 2023 and the road ahead

In the latest edition of our False Claims Act Guide: 2023 and the road ahead, we analyze the key developments from 2023 and discuss how the most important cases and issues are shaping FCA enforcement now and in the year to...more

FTC proposes rule to ban nearly all employee non-compete agreements

On 5 January 2023, the Federal Trade Commission (FTC) released a Notice of Proposed Rulemaking (NPRM) for the Non-Compete Clause Rule. The proposed rule, if adopted, would effectively ban the use of non-competes with...more

Tenth Circuit endorses rigorous materiality standard in dismissal of FCA suit

Tenth Circuit recently emphasized that the liability imposed under the False Claims Act (FCA) is predicated on a rigorous materiality requirement. Upholding dismissal of a qui tam complaint based on allegations of false...more

Colorado further limits enforceability of restrictive covenants

On June 8, 2022, Governor Jared Polis signed HB22-1317 “Restrictive Employment Agreements” into law further limiting the enforceability of restrictive covenants in Colorado, as of August 10, 2022....more

Colorado requires salary ranges on job postings for remote positions, regardless of geography

As we previously discussed, Colorado’s Equal Pay for Equal Work Act (EPEW) required Colorado employers to, among other things, disclose compensation information on job postings for positions that are performed in Colorado....more

Colorado employers must now pay out earned vacation pay irrespective of contrary policy

On June 14, 2021, the Colorado Supreme Court held that the Colorado Wage Claim Act (CWCA) requires Colorado employers to pay out employee vacation pay once earned—regardless of any relevant employment agreement or company...more

Colorado enacts statewide paid sick leave law and temporarily scales up COVID-19 paid sick leave expansion

On July 14, 2020, Colorado Governor Jared Polis signed the Colorado Healthy Families and Workplaces Act (Law). The law has two significant impacts. ...more

Eleventh Circuit restores most of multimillion dollar verdict in favor of qui tam relator backed by litigation funder

On June 25, 2020, the United States Court of Appeals for the Eleventh Circuit reversed one of the most noted False Claims Act (FCA) decisions to have been handed down in a decade and reinstated most of a 2017 jury verdict...more

Trump Administration Issues Executive Order Encouraging Space Mining Efforts

On April 6, 2020, President Donald J. Trump issued an Executive Order on Encouraging International Support for the Recovery and Use of Space Resources, focused on long-term exploration and scientific discovery of the Moon,...more

CDC issues return-to-work guidance for employees possibly exposed to COVID-19

One of the first hurdles employers face during the COVID-19 outbreak is navigating essential business designations and waiver requests. For more information on that subject. Another obstacle is determining when and how to...more

Did California Ring the Death Knell or the Fight Bell in Trying to Ban Arbitration Agreements with AB 51?

California Governor Gavin Newsom recently signed into law 15 bills designed to provide greater employee protections in California.  Among those bills were Assembly Bill 9 (“AB 9”) and Assembly Bill 51 (“AB 51”), both of which...more

Colorado House Bill 1267 Would Make Wage Theft a Felony

Lawmakers in Colorado are in the process of evaluating House Bill 1267, which would reclassify wage theft from a misdemeanor to a felony if the amount at issue exceeds $2,000.00....more

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