News & Analysis as of

Employer Liability Issues False Claims Act (FCA)

Jackson Lewis P.C.

DOJ Civil Rights Fraud Initiative Ups FCA Risks for Federal Fund Recipients Employing Unlawful DEI Programs

Jackson Lewis P.C. on

U.S. Deputy Attorney General Todd Blanche issued a memorandum introducing the “Civil Rights Fraud Initiative” on May 19, 2025. The memorandum directs all Department of Justice (DOJ) attorneys to use the False Claims Act (FCA)...more

Kelley Drye & Warren LLP

The Department of Justice Slams Open the Door for False Claims Act Enforcement of DEI Initiatives

The Trump Administration has continued to target diversity, equity and inclusion (“DEI”) initiatives as an affront to civil rights legislation. In a previous post, we discussed President Trump’s Executive Order 14173 – titled...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOJ Civil Rights Fraud Initiative Signals Expansive Enforcement Threat for Employers Receiving Federal Funds

On May 19, 2025, the U.S. Department of Justice (DOJ) launched its Civil Rights Fraud Initiative. This is a coordinated enforcement effort aimed at using the False Claims Act (FCA) to investigate and, where appropriate,...more

Bradley Arant Boult Cummings LLP

Key Legal Issues Facing U.S. Government Contractors in 2025

As the regulatory environment continues to evolve in the new administration, U.S. government contractors are facing an increasingly complex array of legal challenges. Staying compliant and competitive requires close attention...more

Frantz Ward LLP

Changes to Medicare Reporting Requirements for Workers’ Compensation Settlements

Frantz Ward LLP on

Federal law requires employers to consider Medicare’s potential interests when settling a workers’ compensation claim with a Medicare beneficiary. The foregoing generally involves the use of a Workers’ Compensation Medical...more

Sheppard Mullin Richter & Hampton LLP

Understanding the U.S. Embassy Paris Certification Requirement

Last week, the U.S. Embassy in Paris issued a letter and certification form to multiple French companies requiring companies that serve the U.S. Government to certify their compliance with U.S. federal anti-discrimination...more

Marshall Dennehey

Reimbursement of Pennsylvania Department of Human Services Lien Is Found Not Automatic by Pennsylvania Commonwealth Court

Marshall Dennehey on

Key Points: No formal liability for payment of work-related medical expenses is triggered on the part of the employer/insurer until such expenses are properly submitted in accordance with the terms and provisions of the...more

Smith Anderson

Fourth Circuit Lifts Injunction on Key DEI Executive Order Provisions

Smith Anderson on

The Fourth Circuit recently lifted the nationwide preliminary injunction that had blocked federal agencies from carrying out key provisions in two of President Trump’s Executive Orders on Diversity, Equity and Inclusion...more

Vorys, Sater, Seymour and Pease LLP

Diversity, Equity and Inclusion Back on the Chopping Block after Federal Appeals Court Ruling

On Friday, March 14, 2025, a unanimous panel of the U.S. Court of Appeals for the Fourth Circuit stayed, pending appeal, the injunction previously entered by Judge Adam Abelson of the U.S. District Court for the District of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Court Blocks Certain Key Provisions of DEI Executive Orders, but Employers Should Continue Reviewing Practices and Policies

On February 21, 2025, the U.S. District Court for the District of Maryland paused the enforcement of certain portions of the Trump administration’s executive orders related to diversity, equity and inclusion (DEI) efforts....more

Proskauer - Law and the Workplace

Federal Court Issues Partial Preliminary Injunction Halting Enforcement of DEI-Related EOs

On February 21, 2025, the U.S. District Court for the District of Maryland issued a preliminary injunction pausing enforcement of several provisions of President Trump’s DEI-related executive orders on Ending Radical and...more

McNees Wallace & Nurick LLC

What U.S. Employers Need to Know about Upcoming DEI Executive Orders

On the first day of President Trump’s second administration, he signed the Ending Racial and Wasteful Government DEI Programs and Preferencing Executive Order. This order provides direction to eliminate any and all Diversity,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

What Federal Contractors and Grant Recipients Need to Know About EO 14173’s Certification and Nondiscrimination...

Executive Order (EO) 14173 “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” creates new obligations that could carry significant risks for any organization doing business with the United States federal...more

Maynard Nexsen

Ensuring Adequate Compliance Mechanisms in the Wake of President Trump’s DEI-Related Initiatives

Maynard Nexsen on

On January 21, 2025, President Donald Trump issued an Executive Order targeting diversity, equity, and inclusion (“DEI”) and diversity, equity, inclusion, and accessibility (“DEIA”) initiatives. On February 5, 2025, Attorney...more

Woods Rogers

DEI is D.O.A.: What President Trump’s Executive Order Means for All Employers

Woods Rogers on

Still grappling with the fallout from the Supreme Court’s decision in Students for Fair Admissions, which ended affirmative action in higher education, employers now face liability for their diversity, equity and inclusion...more

Bradley Arant Boult Cummings LLP

Whistle While You Work: Whistleblowers File More False Claims Act Suits in 2024 Than Ever Before

Individual employees helped the government secure another successful year in False Claims Act (FCA) litigation, as both plaintiffs (whistleblowers) and individual defendants. The government collected more than $2.9 billion in...more

Foley Hoag LLP

What Businesses Need to Know about President Trump’s Diversity, Equity, and Inclusion-related Executive Orders

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On his first two days in office, President Trump issued a handful of executive orders aimed at eliminating diversity, equity, and inclusion (DEI) programs and policies within the federal government and encouraged the private...more

McDermott Will & Emery

Healthcare Regulatory Check-Up Newsletter | September 2024 Recap

McDermott Will & Emery on

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for September 2024. We discuss several enforcement actions pertaining to healthcare fraud, including alleged violations under the False...more

Quarles & Brady LLP

Is Your Employee or Contractor Excluded?

Quarles & Brady LLP on

Employers must check its employees, contractors and vendors to see if an individual or organization is excluded from participating in federal and/or state programs. While there are a variety of exclusion programs at the...more

Troutman Pepper Locke

Massachusetts AG Announces $1.3M in Citations Against Local Company for Wage Violations

Troutman Pepper Locke on

Massachusetts Attorney General (AG) Andrea Campbell recently announced a number of citations against Quick Temp., Inc. (the company), its owner, and its manager, for alleged wage, sick time, and records violations....more

Epstein Becker & Green

Massachusetts Federal Judge Rules that Protected Activity Does Not Shield an Employee from the Consequences of Engaging in...

Epstein Becker & Green on

On November 13, 2023, in USA ex rel, Morgan-Lee, et al. v. The Whittier Health Network, LLC, et al., a Massachusetts federal district judge concluded that although the plaintiff engaged in protected activity when she raised...more

Dorsey & Whitney LLP

Third Circuit Confirms Expansion of Anti-Retaliation Standard Under the False Claims Act

Dorsey & Whitney LLP on

On November 30, 2022, the Third Circuit Court of Appeals vacated dismissal of a retaliation action brought by Don Ascolese (“Ascolese”) under the False Claims Act (“FCA”).  See United States ex rel. Don Ascolese v. Shoemaker...more

Jackson Lewis P.C.

[Event] 2022 Government Contractor Employment Law Symposium - November 17th, Tysons, VA

Jackson Lewis P.C. on

Join a multi-disciplinary team of Jackson Lewis attorneys, along with guest speakers from the government contracting firm Smith Pachter, for a full-day of presentations, interactive discussions and practical solutions...more

Troutman Pepper Locke

Whistleblower Retaliation Claims for Alleged PPP Loan Fraud

Troutman Pepper Locke on

After numerous headlines, press releases, and law enforcement efforts, including the Department of Justice’s new COVID-19 Fraud Strike Force teams, there may be increased traffic at the intersection between allegations of PPP...more

Bass, Berry & Sims PLC

Third Circuit Upholds Firing of Whistleblower Accused of Harassment by Oinking

On August 26, the U.S. Court of Appeals for the Third Circuit issued an order reaffirming that potential False Claims Act (FCA) whistleblowers are not immune from being fired for workplace misconduct, especially where that...more

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