False Claims Act Blog

July 2, 2025July 2, 2025 by Duane Morris

Webinar: Navigating the FCA for Government Contractors: A Guide on Compliance with Requirements Relating to Cybersecurity and Other Controlled Information

Duane Morris will present a webinar, Navigating the False Claims Act for Government Contractors: A Guide on Compliance with Requirements Relating to Cybersecurity and Other Controlled Information, on Tuesday, July 15 at 12:00 p.m. Eastern.

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Companies, universities and nonprofit organizations doing business with the government must comply with a broad range of contractual, regulatory and statutory obligations. Recipients of federal funds must navigate continuously changing rules, guidance, interpretations and enforcement priorities, all while working to anticipate and mitigate potential compliance risks. The government’s reliance on the False Claims Act as a primary tool for enforcement of those obligations creates significant risks in a rapidly changing environment.

June 2, 2025 by Duane Morris

Navigating Employers’ Diversity Program Risks and the False Claims Act

On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum concerning a “Civil Rights Fraud Initiative” and announcing it would “utilize the False Claims Act to investigate and, as appropriate, pursue claims against any recipient of federal funds that knowingly violates federal civil rights laws.” The FCA is the U.S. government’s primary enforcement tool in connection with recipients of federal funds. FCA liability can be enormous, with treble damages and significant per claim penalties. Employers who receive federal funding, whether directly or indirectly and whether by contract or grant, need to be thoughtful before signing any certification of compliance with federal laws that may be viewed to include an expressed or implied certification of compliance with federal civil rights laws. Read the full Alert on the Duane Morris website.

May 27, 2025 by Duane Morris

DOJ Announces Aggressive Use of False Claims Act as Part of Civil Rights Fraud Initiative

On May 19, 2025, Deputy U.S. Attorney General Todd Blanche announced that the U.S. Department of Justice will use the False Claims Act (FCA) to enforce the administration’s policies concerning diversity, equity and inclusion (DEI) practices and antisemitism. The FCA is a powerful tool, and its invocation by the DOJ is a signal to federal-funding recipients that they will face increased scrutiny, and likely more aggressive enforcement actions, if they continue to engage in DEI practices that are or may be deemed unlawful by the administration. Read the full Alert on the Duane Morris website.

May 9, 2025 by Duane Morris

Justice Department Files Civil Complaint Alleging Health Insurers and Brokers Violated False Claims Act Via Kickbacks and Discrimination Against Disabled Americans

In a 217-page complaint filed on May 1, 2025, the U.S. Department of Justice (DOJ) brought civil claims under the False Claims Act against major health insurers—Aetna, Elevance Health (previously known as Anthem) and Humana—alleging they paid hundreds of millions of dollars in kickbacks to some of the country’s largest insurance brokers to steer Medicare beneficiaries into their Medicare Advantage plans. Medicare Advantage—a $450 billion program through which private insurers deliver federal health benefits to seniors and people with disabilities—is a critical revenue driver for the nation’s largest health insurers. Read the full Alert on the Duane Morris website.

May 8, 2025 by Duane Morris

Replay: Navigating the False Claims Act for Government Contractors

A replay of Navigating the False Claims Act for Government Contractors is now available for viewing.

April 28, 2025 by Duane Morris

Webinar: Navigating the False Claims Act for Government Contractors

Duane Morris will present a webinar, Navigating the False Claims Act for Government Contractors, on Wednesday, May 7, at 12:30 p.m. Eastern.

Companies, universities and nonprofit organizations doing business with the government must comply with a broad range of contractual, regulatory and statutory obligations. Recipients of federal funds must navigate continuously changing rules, guidance, interpretations and enforcement priorities, and how to anticipate and mitigate potential compliance risks. The government’s reliance on the False Claims Act as a primary tool for enforcement of those obligations creates significant risks in a rapidly changing environment. REGISTER FOR THE WEBINAR

April 25, 2025April 25, 2025 by Duane Morris

DOJ Signals Renewed Focus on False Claims Act Enforcement of Customs Fraud and Tariff Evasion by U.S. Importers

Allegations of improper avoidance of customs and duty obligations by businesses have long presented a potential risk of False Claims Act (FCA) liability. For businesses that do not directly or indirectly receive government funding, but whose operations rely on international supply chains, that risk may have once seemed remote. While customs and duty fraud FCA investigations and enforcement seemed to have been eclipsed by matters involving, for example, healthcare and government contracting, the current administration’s focus on international trade and tariffs—and recent FCA enforcement activity—should remind businesses at all stages of international supply chains of their potential risks. Read the full Alert on the Duane Morris website.

March 18, 2025March 18, 2025 by Duane Morris

How to Respond to Department of Education Investigations

The Department of Education recently announced two sets of investigations stemming from the administration’s application of the U.S. Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard. The announced investigations are focused on institutional compliance within the context of the Supreme Court opinion and subsequent guidance from the Department of Education in the February 14, 2025, “Dear Colleague Letter.” Based on our experience and the regulatory requirements, institutions subject to an investigation should carefully evaluate the scope of the investigation or inquiry, consider the legal rights and remedies available to OCR, as well as identify the procedural framework, including, but not limited to, agency hearings and appeals. Read the full Alert on the Duane Morris website.

March 14, 2025March 14, 2025 by Duane Morris

Webinar Replay: FCA for Educational Institutions

A replay of the Anatomy of the False Claims Act for Educational Institutions webinar is now available for viewing.

February 25, 2025March 5, 2025 by Duane Morris

First Circuit Embraces More Restrictive View of FCA Kickback Enforcement Provision

The United States Court of Appeals for the First Circuit’s opinion in United States v. Regeneron Pharmaceuticals, Inc. has sharpened the circuit split for demonstrating the effect of a kickback on healthcare decisions under the False Claims Act (FCA). The Regeneron court held that an FCA claim based on an alleged violation of the Anti-Kickback Statute (AKS) requires demonstrating that an alleged unlawful kickback was the “but-for” cause of a submitted claim. Read the full Alert on the Duane Morris website.