The DOJ’s Civil Rights Fraud Initiative (CRFI), launched in May 2025, marks a significant expansion of federal scrutiny over DEI programs among recipients of federal funds. The initiative leverages the False Claims Act and encourages whistleblowers to report potential civil rights violations tied to DEI practices. Early investigations have targeted major corporations and universities, with
State False Claims Act Enforcement is on the Rise
We just released Episode 35 of the False Claims Act Insights podcast where I discussed the growing amount of state-level False Claims Act enforcement with Husch Blackwell partners Rebecca Furdek and Todd Gee.
State FCA enforcement varies widely from state to state, but an increasing number of states are using FCA to combat different
Year-End False Claims Act Roundup: Key Cases, Enforcement Trends, and What Businesses Should Do Now
2025 has been a landmark year for False Claims Act (FCA) enforcement, marked by record-breaking settlements, evolving legal theories, and a broadening scope of government priorities. The FCA remains one of the federal government’s most potent tools for combating fraud, with billions recovered annually and an ever-expanding reach into new sectors and compliance areas. This roundup synthesizes the year’s most significant developments—drawing on recent case law and shifting enforcement priorities—and provides actionable insights for businesses navigating the FCA landscape.
Are Qui Tams Unconstitutional? The Latest on the Zafirov Case
We just released Episode 34 of the False Claims Act Insights podcast where I had a great conversation with Jody Rudman about the new Zafirov oral argument into whether qui tams are unconstitutional. We discuss how the role of whistleblowers in the False Claims Act is unique among government whistleblower rewards programs, in that False
Understanding HIPAA Disclosures When Responding to CIDs in FCA Investigations
In Episode 33 of False Claims Act Insights, Claire Postman and I tackle a critical challenge for healthcare providers: balancing HIPAA compliance with civil investigative demands (CIDs) in False Claims Act investigations. Claire explains HIPAA’s general prohibition on disclosing protected health information and the key exceptions that permit disclosure when required by law, such as
The Growing Liability Risk of State False Claims Act Statutes
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
Courts Clash Over Qui Tam Relators and the Constitution
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.
Government Enforcement, Compliance & Investigations Webinar Series: False Claims Act Enforcement Trends
On October 16, 2025, Jonathan Porter and I presented the second webinar in our Government Enforcement, Compliance & Investigations series—our topic: the False Claims Act (FCA). To provide background, we explained the framework of the FCA, how investigations are triggered, and notable recent FCA decisions. Then, for the second half of the hour, we discussed
DOJ’s Continued Focus on Healthcare Fraud and FCA Enforcement: What 2025 Means for Providers and Compliance Professionals
The Department of Justice (DOJ) has made it abundantly clear: healthcare fraud remains at the top of its enforcement priorities for 2025 and beyond. In a May 2025 memorandum, Acting Assistant Attorney General Matthew R. Galeotti outlined the Criminal Division’s renewed commitment to “focus, fairness, and efficiency” in the fight against white-collar crime—with healthcare
How the FCA Has Expanded into Anti-Discrimination Enforcement
Episode 32 of the False Claims Act Insights has posted. In it, Julia Kopcienski and I discuss a recent report published by Husch Blackwell that explores the Trump administration’s demonstrated commitment to enforcing federal anti-discrimination laws through novel and varied mechanisms, like the False Claims Act. We talk about why the use of the FCA