Compliance Stuff

Takeaways The risk of FCA retaliation complaint is rising as courts broadly interpret protected activity (including internal complaints), heightening employer exposure and underscoring the need for strong compliance and anti-retaliation programs. The first 72 hours after a complaint are critical. Employers should separate investigations from employment decisions, assign roles early, preserve evidence, and assess timing and comparators to reduce litigation risk. Recent case law reinforces the importance of complaints signaling potential fraud on the government to qualify for FCA protection, providing a key defense for employers. Related link Lewis v. AbbVie Inc. Article Employers are seeing an increase in False Claims Act (FCA) retaliation claims stemming from what claimants often characterize as adverse action because of purported whistleblowing . In many cases, these actions are taken as a result of non-discriminatory business decisions. The FCA is the federal government’s primary civ...

DOJ’s Civil Division recently issued a memorandum prioritizing the expedited review of whistleblower-initiated False Claims Act (“FCA”) complaints targeting alleged fraud in state-administered programs receiving federal funding. This reform is designed to expedite FCA “meritorious qui tam cases, maximize finite enforcement resources, and focus on dismantling sophisticated fraud schemes that exploit taxpayer-funded programs,” including housing, food, medical care, and cash assistance.  The new policy signals materially shorter response timelines, increased likelihood of parallel civil and criminal scrutiny, and heightened enforcement risks. Background and Policy Context President Trump’s Executive Order , Establishing the Task Force to Eliminate Fraud, directed DOJ to promote meritorious qui tams and ensure their prompt review. The policy also aligns with DOJ’s broader efforts to enhance enforcement efficiency, including the launch of the National Fraud Enforcement Division (see ...

The Diversity, Equity, and Inclusion (DEI) legal landscape continues to shift and present new risks as DEI continues to be a focus for the federal government and ideologically aligned state Attorneys General. Most recently, late-March 2026 produced three fast-moving developments that signal continued—and in some areas intensified—scrutiny of DEI-adjacent initiatives for employers, federal contractors, and higher education institutions.  Specifically, the White House issued a new executive order aimed at federal contracts, the Department of Justice is now investigating the admissions practices of several medical schools, the Florida Attorney General has taken aim at a long-standing DEI-related rule used by the National Football League, and the EEOC is warning employers to that DEI policies may create race and sex-based discrimination in employment. Employers and other entities should be aware that these actions make clear that there is sustained interest in targeting DEI practices. ...

  Federal contractors and grant recipients are operating in a period of unusual transition. The Federal Acquisition Regulation (FAR) rewrite is advancing through agency deviations while formal rulemaking is set to begin. Meanwhile, agencies are simultaneously rolling out broad diversity, equity, and inclusion (DEI) certifications for contractors and grant recipients that expand on  Executive Order (EO) 14173  and place significant obligations on recipients to monitor downstream compliance. 0:00 8:01 Quick Hits The Revolutionary FAR Overhaul (RFO) is expected to proceed through formal notice and comment in the coming weeks and months. In the meantime, some changes are in effect through agency-specific deviations, some of which require a prime contractor to certify that “neither it nor any subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal anti-discrimination laws.” But th...

According to the Department of Justice’s (DOJ)  January 16, 2026 press release , the DOJ reported a record $6.8 billion in settlements and judgments under the False Claims Act (FCA) for the fiscal year ending September 30, 2025—the largest annual total in the statute’s history, more than doubling last year’s $2.9 billion.  The tone and substance of the press release signal the Department’s ongoing enforcement priorities and inten t. Deputy AG Blanche described the FCA as “one of the government’s most powerful weapons against fraud,” and pledged its continued aggressive use. The press release reflects the DOJ’s key areas of enforcement interest, which are consistent with prior years’ focus areas:  Healthcare fraud dominated recoveries, with approximately $5.7 billion of the total $6.8 billion tied to healthcare-related matters including, but not limited to, managed care, prescription drugs, and medically unnecessary services. Cybersecurity. Pandemic-related programs. Tari...