On October 21, 2026, Judge Patti B. Saris of the District of Massachusetts granted in part and denied in part a medical device company’s (“Defendant”) motion for summary judgment in United States ex rel. Langer v. Zimmer Biomet Holdings, Inc.,
Original Source
The Enhanced Scrutiny blog, published by Sidley Austin LLP, focuses on litigation and legal developments related to mergers and acquisitions (M&A), corporate governance, and securities law. It covers topics such as federal forum provisions in securities litigation, challenges to corporate bylaws, whistleblower complaints and board responsibilities, jurisdictional issues in emerging areas like cryptocurrency, and enforcement actions under the False Claims Act (FCA). The blog also addresses regulatory compliance, corporate governance best practices, and significant court decisions impacting corporate and securities litigation strategies.
Blog Authors
Latest from Original Source
DOJ and HHS Launch Healthcare FCA Self-Disclosure Pilot Program with Fixed Repayment Multiplier
On October 22, 2026, the Department of Justice (“DOJ”) Civil Division and the Department of Health and Human Services (“HHS”) announced a six-month Healthcare False Claims Act Self-Disclosure Pilot Program (“FCA SDPP”). The program offers healthcare companies a defined path…
DOJ Fraud Division and HHS-OIG Announce Joint Self-Disclosure Policy, Directing Healthcare Companies to Bring Potential Criminal Matters to DOJ First
On October 15, 2026, the Department of Justice’s National Fraud Enforcement Division (“NFED”) and the Department of Health and Human Services Office of Inspector General (“HHS-OIG”) announced a joint policy (the “Policy”) directing companies seeking to self-disclose potential criminal healthcare…
Court Grants Summary Judgment in Kickback-Based FCA Case, Holding Relator Failed to Prove Remuneration or Willfulness
The District of Massachusetts recently granted summary judgment to Janssen Biotech, Inc. (“Janssen”) in a declined False Claims Act qui tam. The relator alleged that Janssen gave physician practices free services to induce them to prescribe its infusible drugs, Remicade…
Court Holds Insurer Must Cover FCA Settlement Despite “Fraudulent Acts” Exclusion
In a significant decision for policyholders facing False Claims Act (“FCA”) claims, the Eastern District of Virginia granted judgment on the pleadings to a government contractor against its professional liability insurer. Guidehouse Inc. v. Continental Casualty Co., No. 1:25-cv-1601 (E.D.…
DOJ Continues to Prioritize Medicare Advantage Enforcement with $22.5 Million Settlement
On September 30, 2026, the Department of Justice announced a $22.5 million settlement with a Medicare Advantage (“MA”) plan to resolve allegations that it violated the False Claims Act by failing to withdraw inaccurate diagnosis codes for enrollees and improperly…
D.C. U.S. Attorney’s Office Announces Creation of Standalone Division Focused on False Claims Act Enforcement
On September 23, 2026, Jeanine Pirro, the U.S. Attorney for the District of Columbia, announced the creation of a new Fraud and Asset Recovery Division. The new Division will be dedicated to investigating and pursuing fraud against the federal government…
U.S. Department of Justice Announces Major Justice Manual Revisions on Sub-Regulatory Guidance and Dismissals of FCA Qui Tams
In a move with substantial implications for federal enforcement generally and the False Claims Act (“FCA”) in particular, the U.S. Department of Justice (“the Department”) on September 18, 2026 announced major revisions to two sections of the Justice Manual: (1)…
DOJ Announces Largest Settlement Yet in Drive to Use the FCA to Target Alleged Employment Discrimination
Earlier this week, the Department of Justice (“DOJ”) announced a $25 million settlement with three Accenture entities to resolve allegations that they violated the FCA by engaging in conduct DOJ alleges violated Title VII and Federal Acquisition Regulation (“FAR”) clause…
Eleventh Circuit Rejects Appointments Clause Challenge to Qui Tam Mechanism
In a landmark decision in Zafirov, the Eleventh Circuit yesterday rejected the argument that the FCA’s qui tam mechanism violates the Constitution’s Appointments Clause. Encouraged by concurring and dissenting opinions in which three Supreme Court Justices have recently questioned qui…