In a much-anticipated False Claims Act (FCA) ruling, the Eleventh Circuit has joined every other circuit in considering the issue and holding that qui tam relators under the FCA are not “officers of the United States” subject to the Constitution’s
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Medicare Advantage Fraud Enforcement in 2026: What Recent Settlements Reveal About the Limits of Data-Driven False Claims Act Cases
Over the last several months, there has been no shortage of commentary about the Department of Justice’s (DOJ) Fraud Oversight through Careful Use of Statistics (FOCUS) initiative and the rise of data-driven False Claims Act (FCA) investigations. DOJ has made…
Tobacco Surcharge Claims Up in Smoke? DOL, HHS, and Treasury Issue FAQ 74: Addressing Questions Raised by Tobacco Surcharge Lawsuits
By Susie Bilbro, Doug Dahl & Will Gebo
On August 26, the U.S. Departments of Labor, Health and Human Services, and the Treasury (the Tri-Agencies) jointly issued FAQ Part 74, new guidance addressing HIPAA wellness program rules under the Affordable Care Act (ACA). The guidance responds directly…
California Compliance: CARB Releases First-Year GHG Reporting Guidance and Voluntary Submission Platform
On September 1, the California Air Resources Board (CARB) released new resources to help companies prepare for the first reporting deadline under California’s corporate greenhouse gas emissions disclosure regime.…
DOJ’s Bosch Declination Offers a Practical Export Controls Compliance and Voluntary Disclosure Roadmap
By Faith Dibble & Thad McBride
In our latest article for The National Law Journal, we examine the U.S. Department of Justice’s recent Bosch declination and what it reveals about DOJ’s approach to export controls enforcement, compliance program effectiveness, and voluntary self-disclosure decisions.…
SEC Sends Three Significant Disclosure and Proxy Rulemakings to OIRA
In the days leading up to the Labor Day holiday, the Securities and Exchange Commission (SEC or Commission) submitted three significant rulemaking proposals to the White House Office of Information and Regulatory Affairs (OIRA) for review, reconfirming expectations that potentially…
BIS Settlement Highlights Russia Export Control Risks for EAR99 Items and Third-Country Transactions
By Faith Dibble & Thad McBride
On August 24, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced a $1 million settlement with Ohio-based Container Manufacturing Ltd. (CML) to resolve allegations that the company exported restricted industrial parts to Russia without authorizations required…
The Villages Health System Settles Medicare Advantage Risk-Adjustment Allegations for $541.5 Million
On August 26, the Department of Justice (DOJ) announced that The Villages Health System, LLC (TVH), a healthcare provider group located within The Villages retirement community in central Florida, agreed to a $541.5 million settlement to resolve False Claims Act…
Deloitte DEI Settlement Highlights False Claims Act Risk at Both Federal and State Levels
The U.S. Department of Justice (DOJ) announced on August 25 that Deloitte has agreed to pay $21.5 million to resolve allegations that certain diversity, equity, and inclusion (DEI) practices discriminated against employees and applicants based on race or sex and…
Deloitte DEI Settlement Highlights False Claims Act Risk at Both Federal and State Levels
The U.S. Department of Justice (DOJ) announced on August 25 that Deloitte has agreed to pay $21.5 million to resolve allegations that certain diversity, equity, and inclusion (DEI) practices discriminated against employees and applicants based on race or sex and…