On March 6, the Financial Crimes Enforcement Network (FinCEN) announced a historic $80 million civil money penalty against Canaccord Genuity LLC for willful violations of the Bank Secrecy Act (BSA) and its implementing regulations. FinCEN, which is part of the
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Latest from Bass, Berry & Sims PLC - Page 8
Understanding the False Claims Act Implications of Trump’s Latest DEI Order for Federal Contractors
I recently shared my perspective on President Trump’s newest executive order, which is designed to restrict federal contractors from participating in what the administration characterizes as “racially discriminatory” DEI efforts. Under this order, certain DEI‑related activities could put a contractor’s…
Understanding the False Claims Act Implications of Trump’s Latest DEI Order for Federal Contractors
I recently shared my perspective on President Trump’s newest executive order, which is designed to restrict federal contractors from participating in what the administration characterizes as “racially discriminatory” DEI efforts. Under this order, certain DEI‑related activities could put a contractor’s…
Pending Circuit Court Case Concerning the Constitutionality of the FCA’s Whistleblower Provisions
I was quoted in an article published by McKnight’s Long-Term Care News examining the Eleventh Circuit’s pending decision in United States ex rel. Zafirov v. Florida Medical Associates that could determine whether the False Claims Act’s (FCA) whistleblower (qui tam) provisions are…
Genetic Testing Fraud: Why CMS and DOJ Are Increasing Scrutiny
In 2025, the Department of Justice’s National Health Care Fraud Takedown led to criminal charges against 324 defendants and $14.6 billion in intended losses.…
Federal Appeals Court Invalidates NLRB’s Cemex Standard
The United States Circuit Court of Appeals for the Sixth Circuit (Sixth Circuit) recently ruled that the National Labor Relations Board (NLRB) exceeded its authority when it issued its decision in Cemex Construction Materials Pacific LLC. As a result, at…
DOJ’s Expanding Healthcare Fraud Enforcement Efforts
By John Eason
I recently provided insight for a Modern Healthcare article that examines the Department of Justice’s (DOJ) increased healthcare fraud enforcement efforts and growing use of artificial intelligence (AI) and data analytics in civil investigations. While whistleblower complaints continue to account…
Delaware Supreme Court Reverses Court of Chancery, Affirming that Forfeited Equity Remains Valid Consideration for Non-Competes
On February 3, the Delaware Supreme Court issued a critical decision for private equity (PE) sponsors and institutional employers in North American Fire Ultimate Holdings LP v. Doorly. The court clarified that restrictive covenants—specifically non-competes tied to equity grants—remain…
Insight on “Illegal DEI” as FCA Trigger at Federal Bar Association’s Qui Tam Conference
I recently participated in a panel discussion at the Federal Bar Association’s 2026 Qui Tam Conference focused on “‘Illegal DEI’ as an FCA Trigger.” We explored the scope of False Claims Act (FCA) enforcement under the Department of Justice’s (DOJ)…
Delaware Chancery Court Enforces Properly Limited Non-Compete While Delaware Supreme Court Affirms Refusal to Enforce or “Blue Pencil” Overbroad Non-Competes
Over the last few years, and just last week, Delaware courts have refused to enforce, or to revise or “blue pencil” to make enforceable, a number of restrictive covenants, even in the traditionally favored sale‑of‑business context, when the covenants appear…