We just released Episode 40 of the False Claims Act Insights podcast, where I discussed best practices for structuring physician compensation arrangements and navigating the complex compliance landscape surrounding healthcare referrals with Husch Blackwell’s Hal Katz.
On December 19, 2025 and January 30, 2026, the United States Sentencing Commission released proposed amendments to the Federal Sentencing Guidelines for 2026. See U.S. Sentencing Comm’n, Proposed 2026 Amendments to the Federal Sentencing Guidelines (Dec. 2025 and Jan. 2026). Taken together, these amendments suggest a meaningful recalibration of how federal sentences may be calculated and, for some defendants, an opportunity for more individualized and potentially less severe outcomes.
In the last year, Nebraska, Texas, and other states have passed foreign influence laws requiring disclosure of lobbying and other advocacy activities on behalf of foreign actors. Although these so-called “baby FARA” laws are modeled after their federal counterpart, the Foreign Agents Registration Act (FARA), they often lack the exemptions on which businesses and other entities have long relied, and they differ in other important respects as well. These state laws are broad enough to potentially capture transactions with foreign-owned subsidiaries operating in the U.S. that would not otherwise be subject to FARA.
How AI-Powered Attacks, Supply Chain Vulnerabilities, and Regulatory Pressures Are Shaping Cybersecurity Today
In today’s digital-first world, cybersecurity has never been more crucial. Organizations across every industry face a rapidly changing threat landscape, with data breaches growing in frequency and sophistication. Modern attackers leverage advancements in technology, particularly artificial intelligence (AI), to launch innovative campaigns that challenge traditional defenses. At the same time, supply chain vulnerabilities and increased regulatory scrutiny are raising the stakes for organizations.
The Supreme Court recently and unanimously held in Ellingburg v. United States[1] that restitution imposed under the Mandatory Victims Restitution Act of 1996 (MVRA) qualifies as “criminal punishment” subject to the Constitution’s Ex Post Facto Clause. While this narrow ruling only prohibits restitution judgments for convictions that predate the MVRA, Justice Clarence Thomas authored a concurrence advocating for a more expansive view of the Ex Post Facto Clause that reaches nominally civil as well as criminal laws.
On March 10, 2026, the Department of Justice (DOJ) issued a new Corporate Enforcement and Voluntary Self-Disclosure Policy (“CEP”), which now governs all corporate criminal matters handled by DOJ except for antitrust violations. This new policy creates a single set of standards for voluntary self-disclosure, cooperation, and remediation across the Department.
We just released Episode 38 of the False Claims Act Insights podcast where I discussed DOJ’s dismissal process under 31 U.S.C. § 3730(c)(2)(A) with Husch Blackwell’s Tanner Cook. Tanner tells us about how DOJ substantially increased the number of qui tams that they affirmatively dismissed in 2025 and how DOJ analysis of qui tam
We just released Episode 37 of the False Claims Act Insights podcast, in which I discuss the DOJ’s announcement that it received a record number of qui tams in 2025, together with Husch Blackwell partner Cormac Connor. Cormac also shares recent statements from a senior DOJ official revealing the DOJ’s False Claims Act priorities
After years of regulatory uncertainty, the SEC and CFTC are moving toward a unified approach to digital asset oversight, launching a joint harmonization initiative to align definitions, streamline compliance, and reduce fragmentation. For crypto and financial services firms, this effort signals clearer pathways for product development and cross‑market operations—though lasting certainty will hinge on sustained
We just released Episode 36 of the False Claims Act Insights podcast with Husch Blackwell partner Lorinda Holloway where we discussed how the acts of employees can be held against organizations for False Claims Act purposes. Vicarious liability can be an odd fit with the False Claims Act, and courts take a few different approaches