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: Update in Antitrust Enforcement
On November 12, 2025, Wendy Arends and Mark Tobey presented the latest session in Husch Blackwell’s Government Enforcement, Compliance & Investigations webinar series. They discussed current updates in antitrust enforcement in detail. Covering federal and state merger enforcement first—one key takeaway at the federal level, the agencies continue to take HSR and Second Request compliance
In a Pending District Court Case, the Definition of a Commodity is at Stake
On October 2, 2025, the U.S. District Court for the Northern District of Texas stayed Commodity Futures Trading Commission, et al. v. TMTE Inc., et al., a case with potentially consequential implications for the commodities and derivatives markets. As we discussed in our prior update, this $185 million fraud suit was filed against two California precious metals dealers by the Commodity Futures Trading Commission (CFTC) and 30 state regulators. In July, the Court denied summary judgment to both parties. The most significant holding from that order was the finding that gold and silver are not commodities under Section 1 of the CFTC’s enacting statute, the Commodity Exchange Act (CEA).
Unraveling the DOJ Tax Division: What Its Dissolution Means for Tax Enforcement
Since 1934, the United States Department of Justice (DOJ) Tax Division has been responsible for handling both DOJ’s civil and criminal tax enforcement. The Tax Division works with the IRS to oversee criminal investigations and the prosecution of tax crimes (supervising and coordinating with local United States Attorneys) and engage in civil enforcement activities including
Recent Federal and State Actions Put Real Estate in the Enforcement Spotlight
My colleague Sydney Sznajder and I recently posted an article on the Husch Blackwell website outlining how federal prosecutors are turning their attention to cases that further the administration’s regulatory priorities. Part of this focus falls upon commercial real estate, where there is increasing scrutiny of foreign investment in real estate, as well as international
DOJ’s Revised Corporate Enforcement Policy in Action
On May 12, 2025, the Department of Justice (DOJ) announced revisions to its Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP). As stated by Matthew Galeotti, head of the DOJ’s Criminal Division, the purpose of the revised CEP is to incentivize companies to “come forward, come clean, reform, and cooperate with the government in efficient investigations
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
CFTC Check-In: Regulatory and Enforcement Update
Within the Government Enforcement, Compliance & Investigations Report, we plan to bring you periodic updates from the Commodity Futures Trading Commission (CFTC). In this first one, we are excited to announce a new addition to our team (and co-author of this post)—Jeff Le Riche. Jeff joins us after 20 years with the CFTC. We are thrilled to have him on board.
Now on to our updates from the CFTC.
Right to Repair: Legal Landscape and Enforcement
“Right to repair” laws have recently gained momentum across the United States, becoming a legislative and regulatory priority. Evolving state laws, federal action, and high-profile lawsuits are shaking up the legal landscape in this area for manufacturers, businesses, and consumers.
At its core, the right to repair gives consumers and independent businesses access to the