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Tanner Cook

Tanner focuses his practice on litigation and enjoys collaborating with clients to customize litigation to their business needs. Working with legal teams across the firm, he builds active defense strategies for clients in order to mitigate and solve complex litigation issues, and he prides himself on addressing each matter efficiently and thoroughly. Known for his clear and concise legal communication, Tanner aims to serve as a true business partner as well as an attorney.

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On August 25, 2026, the U.S. Court of Appeals for the Ninth Circuit issued a consequential opinion on the enforceability of “materiality conditions” in government contracts. The Ninth Circuit found that the U.S. Departments of Transportation (DOT) and Housing and Urban Development (HUD) likely stepped beyond their statutory authority by requiring grant recipients to certify, after the point of award, that compliance with certain laws was “material” to the agencies’ payment decisions, for purposes of False Claims Act (FCA) liability. While limited to the laws at issue, the opinion is significant in recognizing that the Government cannot lower its burden of proving FCA materiality through post hoc certifications imposed on government contractors.

Judge's gavel on table in office

On June 4, 2026, The United States Court of Appeals for the Fourth Circuit issued a decision affirming the dismissal of a False Claims Act (FCA) suit for failure to meet Rule 9(b)’s pleading requirements—i.e., failing to state with “particularity the circumstances constituting fraud or mistake.” The decision marks an important victory for FCA defendants faced with vague or imprecise allegations of wrongdoing.

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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.

In August 2025, the U.S. Department of Justice (DOJ) declined to prosecute an insurance company for alleged violations of the Foreign Corrupt Practices Act (FCPA), marking the first action of its kind since the DOJ paused FCPA prosecutions earlier this year. DOJ’s decision came in response to the company’s voluntary self-disclosure. Importantly, this decision allows the company to avoid criminal charges in connection with bribes allegedly paid by employees of its foreign subsidiary for customer referrals for products. As part of the resolution with DOJ, the company will disgorge approximately $4.7 million in profits that are tied to the misconduct.