Todd Gee and I recently published an article in Risk Management, discussing in detail the growing risk of state-level False Claims Act (FCA) enforcement for state government contractors and recipients of state funds or benefits. While many government funding recipients are familiar with the federal FCA, state legislatures across the nation are either establishing—or expanding—largely analogous state (and in some cases, even municipal-level!) FCA laws, presenting an increasing risk to businesses and entities in a variety of industries. To add even more complexity, individual state FCAs vary and continue to evolve, and enforcement is informed by the differing policy priorities of individual State Attorneys General offices.

In our Risk Management piece, we provide examples of the unique features of several state FCAs, highlight some key recent cases, present recent trends in state FCA enforcement, and offer practical takeaways for businesses and entities that receive state funds and benefits. We will continue to monitor this trend of state-level FCA enforcement and expect to provide more updates in the year ahead.