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Brandon Hall

Brandon represents hospitals, health systems, physicians and other providers, physician groups, pharmacies, and healthcare private equity investors with a primary focus on general regulatory compliance. He has also assisted long-term care facilities and organizations with certificate of need approval, and he regularly represents these clients in enforcement matters and appeals of citations. Alongside his healthcare regulatory work, Brandon has extensive experience advising on employee benefits and ERISA matters, including ERISA fiduciary duty compliance and the overlap between benefits, ERISA, the Healthcare Insurance Portability and Accountability Act (HIPAA), and the Affordable Care Act (ACA).

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Recent Decisions Signal Growing Minority on Challenges to False Claims Act Constitutionality.

Background

The False Claims Act (“FCA”)’s qui tam provisions—which empower private litigants, known as “relators,” to prosecute claims on the Government’s behalf—continue to face constitutional scrutiny, with recent judicial opinions reviving concerns over whether the provisions violate Article II of the U.S. Constitution. As these challenges gain traction, qui tam defendants should be aware of the evolving legal landscape and the potential implications for FCA defense strategies.

Wooden blocks with words 'Attorney-Client Privilege'. Legal concept

A recent Sixth Circuit decision[1] provided clarity on the scope of the attorney-client privilege and work product doctrines, particularly as those rules relate to confidentiality and privacy of corporate records reviewed and analyzed as part of internal investigations. The decision is considered a victory for both the legal and the business worlds because it secured the longstanding and fundamental function of legal privileges that encourage complete and transparent sharing between attorneys and their corporate clients.