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The Trump Administration’s Sweeping New Tariffs Heighten False Claims Act Risks for U.S. Importers

As the business community adjusts to the reality of the Trump Administration’s sweeping new tariff regime, importers and other organizations that rely on imports should be mindful that with the expansion and sharp increases...more

DOJ Intends to “Aggressively” Enforce the False Claims Act During Second Trump Administration

Deputy Assistant Attorney General Michael Granston laid out the Department of Justice’s (“DOJ”) priorities over the next four years at the Federal Bar Association’s annual qui tam conference in Washington, D.C. last week....more

NIH’s New Unilateral Change to Your Institution’s Indirect Rate: An Old-School Breach of Contract?

On Friday, February 7, the National Institutes of Health (“NIH”) issued Policy Statement Supplemental Guidance affecting budgets both for active grants and for future grants, which was set to take effect on Monday, February...more

Has Uncle Sam Terminated Your Federal Grant? You Have Rights (and Maybe a Financial Claim)

The first weeks of the Trump Administration have created substantial uncertainty within Dorsey’s client base, with many clients assessing their partnerships with the United States government and asking whether they have legal...more

Federal Assistance in Jeopardy? What to Know about OMB Guidance About Hundreds of Billions in Federal Research and Loans to...

On January 27, the Acting Director of the Office of Management & Budget issued a new Memorandum (M-25-13) that presages significant disruption—if not outright cancellation—of many federal assistance awards. ...more

DOJ: Whistleblowers Filed Highest Number of FCA Cases Ever and Settlements and Judgments Exceeded $2.9 Billion in FY 2024

The U.S. Department of Justice (DOJ) recently released the fiscal year (FY) 2024 (October 1, 2023 – September 30, 2024) statistics on qui tam and non-qui tam actions under the False Claims Act, 31 U.S.C. § 3729, et seq....more

Goodbye Affirmative Action Plan? President Trump Revokes Long-Standing Federal Contractor and Grantee Practices and Targets...

On January 21, the President issued an Executive Order with significant impact for Federal contractors and grantees. The EO upsets settled rules related to affirmative action plans and Department of Labor enforcement...more

Choose Your Words Wisely: Hearsay Rules, Conspiracy, and Healthcare Fraud

The day-to-day operations of healthcare and the Rules of Evidence might seem unrelated, but in today’s enforcement environment, legal and compliance professionals can find, in evidentiary rules, best practices for creating a...more

False Claims Act Settlements and Judgments Near $3 Billion in 2023

The U.S. Department of Justice (DOJ) announced recently that settlements and judgments under the False Claims Act, 31 U.S.C. § 3729, et seq. (FCA) totaled approximately $2.7 billion in FY 2023 (October 1, 2022 – September 30,...more

SCOTUS to Address Government’s Authority to Dismiss FCA Cases

The United States Supreme Court recently granted review of a decision from the Third Circuit that affirmed the dismissal of an FCA case at the government’s request. Polansky v. Exec. Health Res., 17 F.4th 376, 393 (3d Cir....more

DOJ Announces $2.8 Million Settlement with Construction Company Over SDVOSB Set Asides, Further Fallout From DOJ’s Settlement with...

On Friday, May 13, 2022, the Department of Justice announced that it reached a settlement with Hensel Phelps Construction Company (“Hensel Phelps”) over allegations that the company had, in violation of the False Claims Act,...more

SCOTUS Denies Review of Dismissal at DOJ’s Request; Circuit Split Remains

On June 28, 2021, the United States Supreme Court denied review of a Seventh Circuit decision affirming the Department of Justice (“DOJ”)-requested dismissal of a False Claims Act (“FCA”) suit alleging a drug kickback scheme....more

Looking Ahead: Enforcement Actions for Fraud, Waste, and Abuse Related to COVID-19

As the public health and economic responses to COVID-19 dominate the headlines and traditional government enforcement actions slow, anticipate a significant increase in government enforcement actions, internal investigations...more

CARES Act’s “Ready State” Provision – The Government to Pay Federal Contractors for Unperformed Work?

Although the SBA and Federal Reserve lending programs are getting the most coverage, a provision buried in the nearly 900 page Coronavirus Aid, Relief, and Economic Security (“CARES”) Act might have more immediate and...more

The Defense Production Act: The Obscure Law that Industry and Government Should be Talking About Today (and for the Foreseeable...

As policy-makers and industry look for responses to the COVID-19 crisis, one tool is in plain sight: the Defense Production Act of 1950 (the “DPA”).  The DPA, already on the books, is tailor-made for the national effort...more

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