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The False Claims Act May Be the Next Weapon in the Trump Administration’s War on DEI

One day after President Donald Trump's inauguration, on January 21, Trump issued Executive Order 14173, titled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" (EO 14173). In the text of EO 14173, Trump...more

States' Action Still Viable Despite Ban of FTC Noncompete Rule

The Northern District of Texas’s nationwide ban on the Federal Trade Commission’s noncompete rule isn’t a complete bar to government enforcement. The rule sought to curb unfair methods of competition and would have voided...more

FTC Noncompete Rule Risks a Wave of State AG Actions

On April 23, the FTC promulgated its final rule banning noncompetes nationwide. Originally published in Law360 - May 23, 2024....more

DOT Deputizes State AGs to Pursue Consumer Claims Against Airlines, Circumventing Long-Standing Preemption

The U.S. Department of Transportation (DOT) recently announced an Airline Passenger Protection Partnership with state attorneys general (AGs), marking a significant expansion of AGs’ regulatory reach. This partnership, formed...more

Washington AG Ordered to Pay $4.3M in Attorney’s Fees and Costs to Thrift Store Chain

On October 17, following Washington Attorney General (AG) Bob Ferguson’s unsuccessful consumer protection action against thrift store chain, Savers Value Village Inc. (Savers), the Washington Superior Court of King County...more

All Is Not Lost: The Hidden Defense Benefits of the Supreme Court’s Recent Unanimous Ruling on False Claims Act Scienter

On June 1, the U.S. Supreme Court published a unanimous decision in a False Claims Act (FCA) case, United States ex rel. Schutte v. SuperValu, Inc., No. 21-1326. The opinion, authored by Justice Clarence Thomas, was notable...more

FTC Noncompete Ban Could Open State Litigation Floodgate

On Jan. 5, the Federal Trade Commission issued a notice of proposed rulemaking that, if adopted as final, would ban virtually all noncompete agreements nationwide between employers and employees. Noncompetes that would be...more

How Law Firms and Lobbyists Can Work Together: A Look Into Lobbyists’ Role Among State AGs - Regulatory Oversight Podcast [Audio]

Stephen Piepgrass, Ryan Strasser, and Matt Hoekstra discuss how law firms can work with firms like Matt's on behalf of clients during congressional inquiries with parallel AG investigations or consumer litigation....more

Could PPP Lenders Be Liable for Borrower Misrepresentations?

On December 8, the U.S. Small Business Administration (SBA) issued a statement regarding its intent to investigate certain participants in the Paycheck Protection Program (PPP) created by the Coronavirus Aid, Relief, and...more

SEC Warns Auditors to Take Their Role and Independence Seriously

The Securities and Exchange Commission (SEC) protects investors and maintains a fair, orderly, and efficient marketplace. While the SEC has historically focused its enforcement efforts on public companies, recent...more

Regulatory Investigation Red Flags That Signal Significant Risk for Companies

Companies today face increased risks from numerous regulatory bodies at the municipal, state, and federal levels. As we discussed in our previous article, “Preparing Companies for a New Day in Multistate AG Investigations,”...more

Travel Companies in Nevada False Claims Act Action Appeal to the Nevada Supreme Court

In 2020, two Las Vegas communications consultants brought a lawsuit against a group of top online booking companies. The complaint alleges that the defendant travel companies avoided paying hundreds of millions of dollars in...more

Colorado AG Announces Settlement Following GAP Fee Investigation

On June 23, Colorado Attorney General Phil Weiser announced that his office had reached a settlement with Red Rocks Credit Union to refund Colorado consumers more than $300,000 after the credit union failed to refund unearned...more

State Attorneys General Urge CFPB Oversight on “Buy Now, Pay Later” Companies

On March 25, the Illinois State Attorney General Kwame Raoul, along with 18 other state attorneys general (state AGs), provided comments to the Consumer Financial Protection Bureau (CFPB) related to the CFPB’s inquiry into...more

State AGs Lead the Way in False Advertising Enforcement

Advertisements are everywhere. As we are constantly bombarded with information about the latest trends in every area from health and nutrition to finance and technology, it can be difficult to determine what information we...more

Biden Administration Presses Forward With Revised WOTUS Rule

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the “Corps”) (together the “Agencies”) have continued working on a proposed rule to revise the definition of “waters of the United States”...more

How the U.S. Senate's Proposed Amendments to the Federal False Claims Act Could Influence State False Claims Acts Nationally

On October 28, 2021, a majority of members on the Senate Judiciary Committee voted 15-7 to advance to the full U.S. Senate a bipartisan bill that would make a number of amendments to the federal False Claims Act (FCA). These...more

DC Taxpayers Face More Scrutiny Under New False Claims Act

On Jan. 13, 2021, District of Columbia Mayor Muriel Bowser signed the False Claims Amendment Act, which expanded liability under the Washington, D.C., False Claims Act, or FCA, to encompass tax-related claims. Originally...more

New York Receives $105 Million in Tax Revenue and Damages Under False Claims Statute, While Other States Take Steps to Remove...

In early March, New York State Attorney General Letitia James and New York City Corporation Counsel John E. Johnson announced a $105 million settlement against a hedge fund manager for tax evasion. The New York authorities...more

Amending DC’s False Claims Act: Expansion of the DC AG’s Power Through Removal of the Tax Bar

On January 13, District of Columbia Mayor Muriel Bowser signed the False Claims Amendment Act of 2020 (the Amendment), which expanded liability under the D.C. False Claims Act (D.C. FCA) to encompass tax-related claims. The...more

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