News & Analysis as of

Whistleblowers Department of Justice (DOJ)

Hogan Lovells

First Circuit upholds but-for causation standard for False Claims Act cases premised on Anti-Kickback Statute violations

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On February 18, 2025, the First Circuit joined a growing list of circuit courts to hold that “but-for causation” is the correct causation standard in most False Claims Act (FCA) cases premised on alleged violations of the...more

Stevens & Lee

First Circuit Rules Against Government in False Claims Act Case

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On Feb. 18, in U.S. v. Regeneron Pharmaceuticals, the First Circuit Court of Appeals joined the Sixth Circuit and the Eighth Circuit in holding that, for purposes of establishing that a claim for payment of items or services...more

Foley Hoag LLP

False Claim Act Liability Under Anti-Kickback Statute Requires But-For Causation: First Circuit Narrows Liability in Growing...

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On February 18, 2025, the First Circuit Court of Appeals issued its decision in U.S. v. Regeneron Pharmaceuticals, ruling that the Anti-Kickback Statute (“AKS”) requires the government to prove that an AKS violation was the...more

Morgan Lewis

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

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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

Pietragallo Gordon Alfano Bosick & Raspanti,...

Hidden Dangers Lurking in Corporate Integrity Agreements

When I litigated False Claims Act (FCA) cases at the U.S. Department of Justice (DOJ), it was common practice for settlements to require Corporate Integrity Agreements (CIAs) setting forth ongoing duties and responsibilities...more

Arnall Golden Gregory LLP

Federal Government Contractors May No Longer Have 90 Days to Comply With Trump Administration’s DEI Executive Order

GSA FAR Class Deviations - Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” issued on January 21, 2025, caused immediate confusion for federal government contractors since their...more

Husch Blackwell LLP

False Claims Act Insights - Some FCA Whistles Are Louder Than Others

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Host Jonathan Porter welcomes Abe Souza, a new member of Husch Blackwell’s White Collar, Internal Investigations, & Compliance team, to the podcast to discuss newly released Department of Justice data regarding qui tam...more

Husch Blackwell LLP

False Claims Act Insights Podcast - Some FCA Whistles Are Louder Than Others

Husch Blackwell LLP on

Host Jonathan Porter welcomes Abe Souza, a new member of Husch Blackwell’s White Collar, Internal Investigations, & Compliance team, to the podcast to discuss newly released Department of Justice data regarding qui tam...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Will Whistleblowers Opportunities Rise If/When the Special Inspector General for Pandemic Recovery “Sunsets?”

Without Congressional action, the authority of the Special Inspector General for Pandemic Recovery (SIGPR) will sunset on March 27, 2025. The Coronavirus Aid, Relief, and Economic Security (CARES) Act was enacted in March...more

Troutman Pepper Locke

Trump Pauses FCPA Enforcement: Implications for Corporate Compliance Strategies

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On February 10, President Donald J. Trump signed an executive order and accompanying fact sheet directing U.S. Attorney General (AG) Pam Bondi to pause the initiation of new investigations and enforcement actions, and to...more

Quarles & Brady LLP

New Tariffs Mean New Targets of the False Claims Act

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The value of goods imported to the United States in Fiscal Year 2024 was $893.15 billion, and as a result, U.S. Customs and Border Protection (“CBP”) collected $24.37 billion in duties, taxes and fees for those imports. Given...more

Alston & Bird

False Claims Act FY 2024 Update: Increase in Overall Recoveries, Decrease in Whistleblower Awards – Constitutional Questions...

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Our False Claims Act Team highlights key FCA enforcement trends in 2024, including the continued focus on health care fraud by the Department of Justice (DOJ)....more

Troutman Pepper Locke

DOJ and 18 States Reach False Claims Act Settlement with QOL

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The U.S. Department of Justice (DOJ) and 18 state attorneys general (AG) announced a settlement with Boston-based QOL Medical, LLC (QOL) and its CEO, Frederick Cooper, to resolve allegations that the company provided unlawful...more

Skadden, Arps, Slate, Meagher & Flom LLP

Anti-Bribery and Corruption Risks Remain Despite FCPA Enforcement Pause

On February 10, 2025, President Donald Trump signed an executive order directing the U.S. attorney general, Pam Bondi, to pause Foreign Corrupt Practices Act (FCPA) actions for 180 days until she issues revised FCPA...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

Kohn, Kohn & Colapinto LLP

What Needs to Happen to Advance Whistleblower Rights in 2025

As 2025 continues to get under way and a new session of Congress begins, it is worthwhile to take stock of the most pressing reforms to whistleblower rights which must be addressed. Given the diverse web of laws which...more

American Conference Institute (ACI)

[Event] Mexico Summit on Anti-Corruption & Compliance Programs - March 12th - 13th, Polanco, CDMX, Mexico

Connect with the leading Anti-Corruption experts and discuss the latest compliance strategies at ACI’s Mexico Summit on Anti-Corruption & Compliance Programs. As Mexico’s longest running, premier anti-corruption and...more

Hogan Lovells

Global Bribery and Corruption Outlook 2025

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As we welcome 2025, the year ahead promises to be a year of change. After more than 70 national elections in 2024, the dust hasn’t fully settled, not least in the United States, where President Trump has taken office for the...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

Dorsey & Whitney LLP

A Federal Contractor’s Preliminary Playbook for Avoiding False Claims Under President Trump’s DEI Executive Order

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On January 21, 2025, President Trump issued an Executive Order titled, “Ending Illegal Discrimination and Restoring Merit Based Opportunity” (the “EO”). The EO seeks to eliminate diversity, equity, and inclusion (“DEI”) and...more

The Volkov Law Group

New AG Bondi Redirects Justice Department Priorities (Part I of III)

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In an unprecedented and surprising set of actions, the new Attorney General Bondi issued eleven new, internal directives for the Department of Justice.  The new Directives are available HERE. Immediately after her...more

Mintz - Employment Viewpoints

The False Claims Act and President Trump’s DEI Executive Order: Federal Contractor Employers Must Take Notice

In the wake of President Trump’s “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” Executive Order (the “Executive Order”) (discussed further here), many companies are in the process of revisiting their...more

Morrison & Foerster LLP - Government...

President Trump’s DEI Certification for Federal Contractors Creates Significant FCA Risk

On January 21, 2025, President Trump signed an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”), rescinding affirmative action under Executive Order 11246 and other...more

Venable LLP

The False Claims Act: Cases to Watch in 2025

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Important False Claims Act cases are slated to be decided in 2025, impacting clients across industries that contract with the government—from healthcare to defense. Additionally, the second Trump Administration released an...more

A&O Shearman

Whistleblowing: ensure programs are fit for 2025

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Whistleblowing has become an increasingly critical aspect of corporate governance and compliance, especially for multinational companies operating across diverse legal and regulatory landscapes. We see increased efforts by...more

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