AI Data Mining Is Changing FCA Enforcement

With False Claims Act investigations increasingly emerging from statistical anomalies identified by data miners, companies need to consider what conclusions an outsider armed with artificial intelligence might draw from public-facing data and be ready to explain any anomalies if questions arise, say attorneys at Cohen & Gresser.

Handling Section 301 Tariffs When CBP Detains Goods

Importers subject to Section 301 tariffs on goods under a U.S. Customs and Border Protection forced labor hold should consider three approaches when deciding whether to pay tariffs on goods that may ultimately be excluded, or wait and watch port demurrage compound daily, says James Ferry at Ferry Trade.

Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

Series

Being A Sommelier Makes Me A Better Lawyer

Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

Trump Debarment Threat Calls For Targeted Defense Plan

President Donald Trump's recent Truth Social directive ordering federal suspension and debarment officials to investigate the National Academies of Sciences, Engineering and Medicine over climate science work could have existential consequences, highlighting the importance of winning the framing battle by building a clear timeline and record, say attorneys at Jenner & Block.

DOJ's FCA Push Creates Risks For Construction Contractors

The construction industry may be uniquely vulnerable to a new generation of False Claims Act enforcement driven by the U.S. Department of Justice's increasing usage of the FCA to target a much broader category of conduct than it has in decades past, specifically compliance certifications and regulatory representations, say attorneys at Cozen O'Connor.

Feds' Mixed Cues On Medicaid Fraud Signal States To Step Up

While the federal government has recently delivered four distinct and mutually inconsistent messages regarding Medicaid fraud enforcement, states should focus on improving enforcement, regardless of which federal posture proves correct, says Ken Levine at Stone & Magnanini.

Defense Tips For Execs In DOJ's Tariff Fraud Crosshairs

As the Justice Department begins to criminally prosecute individual executives for tariff evasion, every importer of goods subject to elevated duties should understand how these cases are being built and which institutional decisions can shape their outcome, says Ashwin Ram at Buchalter.

Series

Teaching SEC Investigations Makes Me A Better Lawyer

Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

Opinion

Qualified Immunity Bill's Reach Goes Beyond Federal Officers

The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

Series

Judges On AI: Examining Administrative, Organizational Uses

U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

USDA, Treasury Moves May Widen Agricultural Deal Scrutiny

Two agency actions that identify weaknesses in the government’s foreign investment screening architecture signal a broadening of the Committee on Foreign Investment in the United States’ jurisdiction over agricultural real estate transactions, more demanding beneficial-ownership resolutions and the coming integration of agency disclosure systems, says researcher Robert Green.

Series

Being A Singer Makes Me A Better Lawyer

Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

Mass. UHC Fraud Suit Signals States' Medicaid FCA Push

Massachusetts' recently filed False Claims Act suit alleging UnitedHealthcare misrepresented the health status of enrollees in a Medicaid senior care organization plan it managed pushes forward a new phase of state-level scrutiny of managed care data and Medicaid payment mechanisms, say Li Yu at Bernstein Litowitz, Ellen London at London & Naor and Gwendolyn Stamper at Vogel Slade.

Preparing For Next Congress With Eye On Investigation Risk

Rod Rosenstein, Brian Whisler and Bruce Linskens at Baker McKenzie offer advice for organizations seeking to build a proactive response plan to potential congressional oversight as the election looms.