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US Administration Tariff Expansion, Potential False Claims Act Actions, and Other Enforcement Implications

With the second Trump administration holding the reins of the executive branch, companies should brace for a renewed focus on trade enforcement. The administration has already begun to expand tariffs on a variety of items...more

Federal Court Rules False Claims Act Whistleblower Must Face Counterclaims

A recent decision by a federal district court affirmed the ability of defendants in False Claims Act actions brought by qui tam relators to assert counterclaims against relators. The court’s opinion highlights the opportunity...more

US Supreme Court Evaluates False Claims Act Scienter Standard in Potentially Landmark Case

The US Supreme Court heard oral arguments on April 18 in United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor v. Safeway Inc., companion cases that raise the important question of whether, under...more

FCA Update from Morgan Lewis Team Recognized as Most Active FCA Defense Counsel

In a move that threatens to undermine some key defenses to liability under the False Claims Act, a bipartisan group of senators voted to advance the False Claims Amendments Act of 2021 (SB 2428) out of the Senate Judiciary...more

New York False Claims Act Recovery Highlights Growing Risk of Tax Claims Pursued as False Claims

The New York attorney general on March 2 announced a $105 million New York False Claims Act settlement against an individual hedge fund manager and his firm for alleged tax evasion based on allegations originally brought by a...more

US Supreme Court Declines to Consider DOJ Dismissal Power in FCA Cases

In a recent denial of a petition for certiorari, the US Supreme Court declined to resolve the standard courts should use when evaluating government motions to dismiss in qui tam cases. ...more

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