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.
What Spiking Qui Tam Dismissals Mean for FCA Enforcement
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
Record Number of Qui Tams and Qui Tam Dismissals Announced by DOJ
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
Vicarious Liability Under the False Claims Act and Rogue Employees
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
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
State Attorneys General 2025 Enforcement Landscape: What Companies Need to Know
2025 marked another notable year in State Attorneys General (AG) enforcement, with both a sharp uptick in multistate AG actions filed against the federal government and significant actions targeting the private sector across industries. We will highlight two issue areas here—antitrust and consumer protection—and describe the escalating friction between State AGs and the federal government as well as distill this year’s trends into actionable takeaways for businesses as we enter 2026.
CFTC’s “Crypto Sprint” Kicks Off New Chapter in Crypto and Digital Asset Regulation
On August 1, Commodity Futures Trading Commission (CFTC) Acting Chairman Caroline D. Pham announced a “crypto sprint” aimed at actualizing recommendations from a recent report published by President Donald Trump’s Working Group on Digital Asset Markets. The initiative serves as Acting Chairman Pham’s first steps toward reshaping digital assets regulation in compliance with the administration’s earlier policy memorandum instructing agencies to pull back on prosecutions in the digital assets space.
Recent Developments in Crypto Regulation in America: Frameworks, Agency Actions, and Proposed Legislation
Introduction
The regulatory landscape for cryptocurrencies and digital assets in the United States is undergoing significant changes with developments at the executive, agency, and legislative levels. The presidential administration promised change, guidance, and clarity to promote innovation and dominance in digital asset markets. This post examines the current state of crypto regulation in America, as well as what businesses and investors can expect in the near future.
The Compliance Implications of HHS-OIG Advisory Opinions
We’ve just put the wraps on Episode 31 of the False Claims Act Insights podcast where I had a great conversation with longtime healthcare law veterans Brett McNeal and David Traskey covering advisory opinions from the Department of Health and Human Services’ Office of Inspector General. We discuss how the highly qualified and sometimes equivocal