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THE LATEST ON GOVERNMENT INQUIRIES AND ENFORCEMENT ACTIONS

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McGuireWoods LLP

At McGuireWoods, we deliver quality work, personalized service and exceptional value. We use technology to provide efficient legal solutions and employ a diverse workforce to bring real-world and innovative perspectives to meeting our clients’ needs. With more than 1,000 lawyers and 21 strategically located offices worldwide, McGuireWoods uses client-focused teams to serve public, private, government and nonprofit clients from many industries, including automotive, energy resources, healthcare, technology and transportation.

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DAAG Provides Views on FCA Enforcement Focus: Targeting Discrimination, Not DEI Programs Per Se

By Edwin O. Childs, Brett Barnett, John Adams, Jack White, Brandi G. Howard, Elissa Baur, John S. Moran, Michael J. Podberesky, Jason M. Vespoli, Sophie Marsh, John Sullivan and McGuireWoods LLP on Fraud, Deception and False Claims
At the Federal Bar Association’s 2026 Qui Tam Conference on February 19, 2026, Brenna Jenny, Deputy Assistant Attorney General (DAAG) in the U.S. Department of Justice’s (DOJ) Commercial Litigation Branch, delivered a keynote speech on enforcement priorities under the False Claims Act (FCA) with respect to diversity, equity, and inclusion (DEI) programs.  Jenny’s reported remarks… Continue Reading

DoW Announces Line-by-Line Review of Certain 8(a) Contracts Amid Government-wide Scrutiny of the 8(a) Program

By Edwin O. Childs, Brett Barnett, Michael J. Podberesky, Abram J. Pafford, John Adams, Jack White, Elissa Baur, Benjamin L. Hatch, Michael Scoville, John S. Moran, James Dougherty, Jason M. Vespoli, Michael A. Brody and McGuireWoods LLP on Government Contracts
On January 16, 2026, the Secretary of War Pete Hegseth posted a video on social media announcing that the Department of War will conduct a “line‑by‑line review of every small business, sole source, 8(a) contract that is over $20 million,” focusing on impermissible pass‑throughs to large businesses.  This action by the DoW aligns with broader… Continue Reading

Department of Defense Issues Final Rule on Cybersecurity Standards for Contractors

By Edwin O. Childs, Andrew Konia, Abram J. Pafford, Todd R. Steggerda, Jack White, James Dougherty, Jason M. Vespoli, John Sullivan, Sophie Marsh and McGuireWoods LLP on Government Contracts
After years of waiting, the U.S. Department of Defense (DoD) posted to the Federal Register for public inspection on September 9, 2025, a final rule implementing the Cybersecurity Maturity Model Certification 2.0 (CMMC 2.0) standards into the Defense Federal Acquisition Regulation Supplement (DFARS) (the Final Rule), which was formally published a day later on September… Continue Reading

California Defense Contractor and Private Equity Firm Agree to Pay $1.75M to Resolve False Claims Act Liability Relating to Voluntary Self-Disclosure of Cybersecurity Violations

By Todd R. Steggerda, Edwin O. Childs, Michael J. Podberesky, Abram J. Pafford, Brett Barnett, Jack White, Andrew Konia, Jason M. Vespoli, John Sullivan and McGuireWoods LLP on Fraud, Deception and False Claims
On July 31, 2025, the U.S. Department of Justice  (“DOJ”) announced a $1.75 million False Claims Act (“FCA”) settlement with Aero Turbine Inc. (“Aero Turbine”), a California-based defense contractor, and private equity firm Gallant Capital Partners LLC (“Gallant Capital”).  The settlement arises out of allegations that Aero Turbine failed to comply with certain cybersecurity requirements… Continue Reading

DOJ and HHS Reestablish False Claims Act Working Group, Delineate Healthcare Enforcement Priorities

By Michael J. Podberesky, Brett Barnett, Timothy Fry, Edwin O. Childs and McGuireWoods LLP on Compliance, Fraud, Deception and False Claims
On July 2, 2025, the U.S. Department of Justice (DOJ) and U.S. Department of Health and Human Services (HHS) announced they will reestablish the DOJ-HHS False Claims Act Working Group. Originally formed in December 2020 at the tail end of the first Trump administration, this partnership focuses on advancing enforcement of the False Claims Act… Continue Reading

Supreme Court Declines to Narrow Reach of Federal Fraud Law

By Brett Barnett, Edwin O. Childs, John S. Moran, Abram J. Pafford, Michael J. Podberesky, Todd R. Steggerda, Jack White, Michael A. Brody, John Sullivan, Jason M. Vespoli and McGuireWoods LLP on Fraud, Deception and False Claims, Government Contracts
On May 22, 2025, the Supreme Court published its opinion in Kousisis v. United States, No. 23-909, 605 U.S. __ (2025), holding that one who induces a victim to enter into a transaction under materially false pretenses may be convicted of federal fraud even without the intent to cause the victim economic loss. In a… Continue Reading

DOJ Announces Initiative to Use False Claims Act to Investigate DEI Practices

By Edwin O. Childs, Farnaz Farkish Thompson, Jack White, Michael J. Podberesky, Brett Barnett, John S. Moran, Steven McCool, John Sullivan, Jason M. Vespoli, Michael A. Brody and McGuireWoods LLP on Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims, Government Contracts
On May 19, 2025, the U.S. Department of Justice’s (DOJ) Deputy Attorney General announced its new Civil Rights Fraud Initiative, which aims to use the False Claims Act (FCA) to investigate and pursue claims against entities that tolerate antisemitism, allow men to enter women’s spaces or compete in female athletic competitions, or engage in unlawful… Continue Reading

Executive Order Initiates Commercial Focus in Federal Procurement Reform

By Edwin O. Childs, Abram J. Pafford, John Sullivan, Jason M. Vespoli and McGuireWoods LLP on Government Contracts
On April 16, 2025, the Trump Administration issued an Executive Order titled “Ensuring Commercial, Cost-Effective Solutions in Federal Contracts,” which establishes the Administration’s policy of procuring “commercially  available products and services, including those that can be modified to fill agencies’ needs, to the maximum extent practicable.” This includes procurements made pursuant to the Federal Acquisition… Continue Reading

Restoring Common Sense to Federal Procurement – The White House

By Edwin O. Childs, Abram J. Pafford, Jack White, John S. Moran, John Sullivan, Jason M. Vespoli and McGuireWoods LLP on Government Contracts
On April 15, 2025, the Trump Administration issued an Executive Order titled “Restoring Common Sense to Federal Procurement” that seeks to reform the Federal Acquisition Regulation (“FAR”) and agency-specific supplements to contain only those “provisions required by statute or essential to sound procurement.”  Along with a supplemental fact sheet, the Executive Order states that “any… Continue Reading

Department of Justice Suggests “Aggressive” Enforcement of False Claims Act

By Edwin O. Childs, Brett Barnett, Jack White, Farnaz Farkish Thompson, Michael J. Podberesky, Todd R. Steggerda, Jason M. Vespoli, John Sullivan and McGuireWoods LLP on Compliance, Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims, Government Contracts
In a speech to the Federal Bar Association’s annual qui tam conference on Feb. 20, 2025, Michael Granston, Deputy Assistant Attorney General for the Commercial Litigation Branch at the U.S. Department of Justice, discussed how the Trump administration plans to “aggressively” enforce the False Claims Act (FCA). His statements come on top of other comments from Trump… Continue Reading

Practical Tips for Companies Following President Trump’s Pause on FCPA Enforcement

By Caroline Schmidt Burton, Justin Givens, Alex J. Brackett, V. Kathleen Dougherty, Jason H. Cowley, John S. Moran, Roy Dixon III, Elizabeth Peters and McGuireWoods LLP on Anti-Bribery and Corruption
Since the President signed the February 10, 2025 Executive Order (Order) pausing enforcement of the Foreign Corrupt Practices Act (FCPA) (Client Alert: President Trump issues Executive Order “Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security”), companies with cross-border business operations have likely faced questions from both internal and external stakeholders… Continue Reading

Major Shift on Foreign Corrupt Practices Act: Trump Signs EO Pausing Enforcement

By Caroline Schmidt Burton, Justin Givens, Alex J. Brackett, John S. Moran, Jason H. Cowley, Patrick A. Wallace, Joie Johnston and McGuireWoods LLP on Anti-Bribery and Corruption
Last night, in a move with wide-ranging implications for American companies doing business abroad, President Trump issued an executive order (Order) temporarily halting enforcement of the Foreign Corrupt Practices Act (FCPA).  The Order directs Attorney General (AG) Pam Bondi to review guidelines and policies governing FCPA investigations and enforcement actions in the next 180 days,… Continue Reading

State Attorneys General Poised to Crack Down On Price Gouging Amid Market Pressure

By Alex J. Brackett, Erin Ashwell and McGuireWoods LLP on Compliance, Fraud, Deception and False Claims
This past Thursday, New York Attorney General Letitia James issued a warning to businesses against price gouging for eggs and poultry. The current bird flu outbreak began in March 2024 but has become a topic of increasing concern for consumers and businesses in the new year after more than 13 million hens—necessary to the success… Continue Reading

Trump Tariffs on Canada, Mexico, and China

By Alex J. Brackett, John Padgett, Patrick Rowan, Edwin O. Childs, Ryan M. Bernstein, Mimi Bair, John Sullivan, Jason M. Vespoli and McGuireWoods LLP on Sanctions, Trade Embargo, and Export Controls
On February 1, 2025, the Trump Administration imposed long-expected tariffs on imports from Canada, Mexico, and China through the issuance of three executive orders (“EOs”).  While some recent reporting suggested that implementation of these tariffs may be delayed to March 1, 2025, the White House confirmed on January 31, 2025 that these tariffs would be… Continue Reading

Second Circuit Joins Other Circuits with AKS One Purpose Test

By Michael J. Podberesky, Timothy Fry and McGuireWoods LLP on Fraud, Deception and False Claims
On December 27, 2024, the United States Court of Appeals for the Second Circuit decided United States ex rel. Camburn v. Novartis Pharmaceuticals Corporation and joined a growing list of federal circuit courts that have adopted what the Second Circuit called the “at least one purpose rule”. This rule provides that defendants have violated the… Continue Reading

DoD Issues Final CMMC Framework for Defense Contractors

By Edwin O. Childs, Abram J. Pafford, Andrew Konia, Jack White, Jason M. Vespoli, John Sullivan and McGuireWoods LLP on Government Contracts
After a nearly five-year rulemaking process, the U.S. Department of Defense (DoD) published the Final Cybersecurity Maturity Model Certification 2.0 (CMMC) program rule in the Federal Register on Oct. 15, 2024, codified at 32 CFR Part 170. Contract clauses implementing the CMMC program rule will be issued as part of the Defense Federal Acquisition Supplement,… Continue Reading

Supreme Court Holds That SEC Must Seek Civil Penalties in Federal Court

By E. Andrew Southerling, John S. Moran, Jonathan Ellis, Louis D. Greenstein and McGuireWoods LLP on Enforcement and Prosecution Policy and Trends
In SEC v. Jarkesy, No. 22-859, 603 U.S. __ (2024), the Supreme Court held that the Seventh Amendment prohibits the Securities and Exchange Commission (SEC or Commission) from seeking civil penalties in certain enforcement actions when the Commission chooses to proceed in-house before its own administrative law judges (ALJs), rather than in federal court. In… Continue Reading

Federal District Court Finds Private-Insurer Relator Can Proceed with False Claims Action

By Michael J. Podberesky, Brett Barnett and McGuireWoods LLP on Fraud, Deception and False Claims
Last month, the U.S. District Court for the District of New Jersey held that a private company could proceed with its whistleblower action against a clinical laboratory that allegedly submitted false claims to the federal government for medically unnecessary urine drug tests (UDTs). The lawsuit is part of a growing trend of nontraditional whistleblower-like insurance… Continue Reading

Disruptive Technology Strike Force Announces Its First Declination to Prosecute Under the National Security Division’s Voluntary Self-Disclosure Program

By Alex J. Brackett, Patrick Rowan and McGuireWoods LLP on Government Contracts, Sanctions, Trade Embargo, and Export Controls
On May 22, 2024, the Department of Justice’s National Security Division (“NSD”) announced its first declination of prosecution for a company under the voluntary self-disclosure program established by the National Security Division Enforcement Policy for Business Organizations (“NSD Enforcement Policy”). An individual who worked for a United States-based biochemical company, along with his co-conspirator, each… Continue Reading

CFPB: For-Profit School Misrepresented ISAs, Made False Claims About Grads’ Employment Rates

By Farnaz Farkish Thompson, Jeffrey P. Ehrlich and McGuireWoods LLP on Enforcement and Prosecution Policy and Trends, Financial Institution Regulation
On April 17, 2024, the Consumer Financial Protection Bureau entered an order against a for-profit vocational school and its CEO for mischaracterizing the school’s income-share agreements (ISAs) and misrepresenting its graduates’ employment rates. The CFPB said the school drove students to finance their training programs with promises of high graduate employability. To finance students’ education,… Continue Reading

G7+ Coalition Issues Alert on Russian Oil Price Cap Evasion Methods and How to Report Violations

By Alex J. Brackett, Jordan LaPointe and McGuireWoods LLP on Energy Enforcement, Sanctions, Trade Embargo, and Export Controls
On February 1, 2024, the G7+ Coalition (consisting of the G7, the European Union, and Australia) published an Oil Price Cap (OPC) Compliance and Enforcement Alert (the “Alert”), identifying notable OPC evasion methods and recommending various methods to reduce the risk of evasion and its negative impacts.  The OPC was enacted in December 2022 in… Continue Reading

BIS Continues Enforcement Policy Ramp-Up

By Alex J. Brackett and McGuireWoods LLP on Enforcement and Prosecution Policy and Trends
On January 16, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued new guidance to incentivize voluntary self-disclosure (“VSD”) of possible violations of the Export Administration Regulations (“EAR”). This new guidance—which was announced in conjunction with a speech by BIS’s top enforcement official indicating the EAR enforcement is an increasingly important priority… Continue Reading

1st Circuit Rejects Convicted Former Medical Device Executives’ Off-Label “Free Speech” Theory

By Michael J. Podberesky, Allyson M. Maur and McGuireWoods LLP on Fraud, Deception and False Claims
A federal appeals court recently upheld misdemeanor convictions of two former Acclarent Inc. executives for commercially distributing an adulterated and misbranded medical device by misleading the U.S. Food and Drug Administration regarding the device’s intended use. Read on for details about the decision, which rejected claims that their off-label promotion amounted to constitutionally protected commercial… Continue Reading

California Climate Accountability Package Poised to Disrupt

By Alex J. Brackett, Patrick A. Wallace and McGuireWoods LLP on Compliance
During the week of September 11, 2023, the California Legislature passed a series of bills known collectively as the “California Climate Accountability Package” (“CCAP”).  The CCAP is comprised of three bills: S.B. 252 (applicable only to two California state pension funds, and not discussed further herein), S.B. 253 (the “Climate Corporate Data Accountability Act” of… Continue Reading

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