News & Analysis as of

Department of Education False Claims Act (FCA)

TNG Consulting

The False Claims Act: An Emerging Compliance Consideration for Title IX, Title VI, and DEI Professionals 

TNG Consulting on

As the legal and regulatory landscape evolves, Title IX, Title VI, and DEI practitioners are increasingly expected to understand how their work intersects with broader federal compliance frameworks. One such framework that...more

Fox Rothschild LLP

DOJ Targets DEI Programs with False Claims Act Enforcement

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The U.S. Department of Justice (DOJ) is raising the stakes with a broad new initiative targeting what it calls “illegal DEI.” In a May 19, 2025 internal memorandum, Deputy Attorney General Todd Blanche outlines a Civil Rights...more

Morrison & Foerster LLP

New Executive Order Adds Scrutiny to Universities’ and Other Higher Education Institutions’ Foreign Sources of Funding

As a part of the new administration’s broader effort to add regulatory requirements and scrutiny to institutions of higher education, on April 23, 2025, President Trump issued an Executive Order (EO) on Transparency Regarding...more

Dorsey & Whitney LLP

President Trump on Campus: New Higher Education Executive Orders

Dorsey & Whitney LLP on

Higher educational institutions have experienced outsized attention in the early days of the second Trump Administration. A trio of three recent executive orders suggests that the Administration’s focus on higher education is...more

Fox Rothschild LLP

New Certification Mandate Ties Federal Education Funds to Title VI Compliance

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The U.S. Department of Education (ED) took another step forward last week to ensure that K-12 school districts across the country are complying with the administration’s directives on civil rights and antidiscrimination...more

Lathrop GPM

Dept. of Education Certification Requirement Tied to “Antidiscrimination Obligations” for Continued K-12 Federal Funding

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On April 3, 2025, the U.S. Department of Education (ED) issued a press release announcing the ED sent certification letters to state commissions that oversee K-12 State Education Agencies (SEAs), charging SEAs with the...more

Parker Poe Adams & Bernstein LLP

Key Considerations as K-12 Leaders Navigate Minefield Involving DEI, Federal Funding, and Potential Investigations

K-12 school districts across the country now face a tight deadline to navigate a minefield with significant legal and funding implications. ...more

Miller Nash LLP

New Department of Education Certification Requirement Regarding Title VI Compliance: What Districts Need to Know

Miller Nash LLP on

On April 3, 2025, the United States Department of Education (DOE) announced its intention to require state education agencies (SEAs) and school districts to certify that they are in compliance with Title VI of the 1964 Civil...more

Hinckley Allen

Impact of the Trump Administration’s Executive Orders and Actions for Academic Institutions & Federal Funded Research Community

Hinckley Allen on

The Trump Administration’s first two months have been marked by a flurry of actions impacting federal grant recipients, federal contractors, and academic and scientific researchers. These unprecedented measures, including...more

Pillsbury Winthrop Shaw Pittman LLP

Federal Court Issues Preliminary Injunction against Anti-DEI Executive Orders

Despite court ruling, educational institutions face continuing enforcement uncertainty pursuant to the February 14 “Dear Colleague Letter” issued by the Department of Education - On February 21, 2025, a federal court in...more

WilmerHale

Supreme Court Rules E-Rate Reimbursement Requests Are “Claims” Under the False Claims Act

WilmerHale on

On February 21, 2025, the Supreme Court unanimously held that requests for reimbursement from a privately administered fund qualified as “claims” under the False Claims Act (FCA) because the government “provide[d]” a...more

Venable LLP

DEI and Potential False Claims Act Liability in Higher Education

Venable LLP on

Imagine you're sitting in a conference room with a group of administrators and staff across various schools and departments, discussing budgetary constraints, campus resources, and student group initiatives—a day like any...more

Mayer Brown

AG Bondi Issues Memorandum Entitled “Ending Illegal DEI and DEIA Discrimination and Preferences”

Mayer Brown on

On February 5, 2025, United States Attorney General Pam Bondi issued a memorandum titled “Ending Illegal DEI and DEIA Discrimination and Preferences.” The memorandum advises that the Department of Justice’s (DOJ) Civil Rights...more

BakerHostetler

(Cyber)Security Theater 101 - Georgia Tech, a Teachable Moment

BakerHostetler on

On August 22, 2024, the United States intervened in a whistleblower suit against the Georgia Institute of Technology, initially filed by current and former members of Georgia Tech’s cybersecurity team, alleging that Georgia...more

Troutman Pepper Locke

First Amendment Presumption of Access to Summary Judgment Filings Attaches Upon Filing

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The Fourth Circuit has clarified the standard for evaluating a nonparty’s attempt to access sealed summary judgment filings under the First Amendment. In United States ex rel. Oberg v. Nelnet, Inc., — F.4th –, No. 23-1808,...more

King & Spalding

Heightened Focus on Foreign Influence in Academia

King & Spalding on

Department of Education Report Warns that Academic Institutions Are Failing to Meet Compliance Obligations in Fight Against Foreign Influence Last month the Department of Education (“DOE” or “Department”) released an...more

PilieroMazza PLLC

Weekly Update Newsletter - February 2019

PilieroMazza PLLC on

GOVERNMENT CONTRACTING - According to a Washington Technology article, just because government agencies reopened after five weeks of a shutdown does not mean things return to business as usual. In fact, the article...more

Carlton Fields

Professional Services Exclusion Precludes Coverage for False Claims Act Suit

Carlton Fields on

It is not unusual for a directors and officers liability policy to have an exclusion for professional services. A such, a question often arises regarding whether the claimed wrongful conduct involved the rendering or failure...more

Saul Ewing LLP

Universities and Colleges Must be Vigilant When Certifying Student Loans

Saul Ewing LLP on

In Jackson v. Univ. of N. Texas, et. al., the University of North Texas (“UNT”) and various student loan companies faced allegations of improper oversight of student loan certifications and claims submissions in violation of...more

Dorsey & Whitney LLP

Education Management Corporation Settles Significant FCA Claims

Dorsey & Whitney LLP on

Education Management Corporation (EDMC), a Pittsburgh-based company that operates for-profit educational institutions, has agreed to pay $96 million in what attorneys involved in the case claim to be the largest settlement...more

Dorsey & Whitney LLP

Seventh Circuit Rejects Implied Certification Theory of FCA Liability

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Deepening a circuit split, the Seventh Circuit has joined the Fifth Circuit in rejecting the implied false certification theory of liability under the FCA. United States v. Sanford-Brown, Ltd., No. 14-2506 (7th Cir., June 8,...more

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