False Claims Act Insights

Host Jonathan Porter welcomes Husch Blackwell’s Tanner Cook back to the podcast to discuss the recent spike of DOJ dismissals of improper qui tams under 31 U.S.C. § 3730(c)(2)(A). This episode is a follow-up of our last podcast, in which Husch Blackwell partner Cormac Conner discussed how qui tam dismissals increased by around 400% in 2025. 

We begin by addressing common misconceptions about how DOJ views its dismissal power, with its focus on process abuse rather than merit disputes. Next, we examine the Granston Memo, which outlines the Department of Justice's protocols for considering dismissal of qui tam actions on various grounds. 

Tanner then walks listeners through the details of considerations DOJ uses to assess qui tams for dismissal potential, with examples of the types of instances where DOJ has exercised its (c)(2)(A) dismissal power in the past. We end the discussion by examining what those who defend False Claims Act investigations and qui tams can learn from these recent developments and how to structure dismissal requests to maximize changes of DOJ action.

Jonathan Porter | Full Biography

Jonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers. He draws on his experience as a former federal prosecutor to guide clients in sensitive and enterprise-threatening litigation. At the Department of Justice, Jonathan earned a reputation as a top white-collar prosecutor and trial lawyer and was a key member of multiple international healthcare fraud takedowns and high-profile financial crime prosecution teams. He serves as a vice chair of the American Health Law Association’s Fraud and Abuse Practice Group and teaches white collar crime as an adjunct professor of law at Mercer University School of Law.

Tanner Cook | Full Biography

Based in St. Louis, Tanner is a member of Husch Blackwell’s Commercial Litigation group, focusing on consumer class actions, antitrust litigation, and multidistrict litigation. He frequently takes the lead in drafting critical pretrial briefs, including dispositive motions and evidentiary challenges. In addition to his commercial litigation practice, Tanner regularly assists on white collar defense matters, especially in the False Claims Act context. He has significant experience defending companies from qui tam whistleblower suits at every stage of the litigation process, combining his deep substantive knowledge of the law with creative defense strategies. Tanner served as law clerk at the U.S. District Court, Eastern District of Missouri, for Judge Sarah E. Pitlyk.

Host Jonathan Porter welcomes Husch Blackwell partner Cormac Conner back to the podcast to discuss DOJ’s recent release of last fiscal year’s False Claims Act statistics, along with recent public statements by a senior DOJ official who oversees False Claims Act enforcement. DOJ’s statistics and public statements show that qui tams are hitting record numbers and DOJ is taking a much more active approach to dismissing improper qui tams. 

Our conversation starts by examining how DOJ’s statistics signal increased scrutiny of the healthcare and defense contracting industries, with a growing role of qui tams. We look at how DOJ uses the False Claims Act to address the Trump Administration’s policy priorities in the areas of DEI and tariffs enforcement, along with healthcare claims that involve substandard patient care.

We then move on to discuss how DOJ’s statistics and public statements led to several major approaching legal battles, including the constitutionality of qui tams and DOJ’s use of artificial intelligence in vetting False Claims Act theories. We close the conversation by focusing on what those in False Claims Act-enforced industries should do to prepare for the growing number of qui tams and False Claims Act investigations.

Jonathan Porter | Full Biography

Jonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act and litigation against the government and whistleblowers. He guides clients in sensitive and enterprise-threating litigation, drawing on his experience as a former federal prosecutor. At the Department of Justice, Jonathan earned a reputation as a top white-collar prosecutor and trial lawyer and was a key member of multiple international healthcare fraud takedowns and high-profile financial crime prosecution teams. He serves as a vice chair of the American Health Law Association’s Fraud and Abuse Practice Group and teaches white collar crime as an adjunct professor of law at Mercer University School of Law.

Cormac Conner | Full Biography

A partner with Husch Blackwell based in Washington, D.C., Cormac has two decades of experience with high-stakes litigation and investigations, both as a prosecutor and as defense counsel. He has advised dozens of clients facing criminal and civil investigations involving all manner of federal criminal investigations, False Claims Act allegations, antitrust allegations, and Foreign Corrupt Practices Act claims. Cormac regularly assists clients with responses to formal and informal investigative inquiries, including Grand Jury subpoenas, Office of Inspector General subpoenas, civil investigative demands, and 28 U.S.C. § 1782 subpoenas. Between his stints in private practice, Cormac was an Assistant U.S. Attorney for nearly four years in the U.S. Attorney’s Office for the District of Columbia, serving as lead prosecutor in 24 criminal trials. In that role, he investigated hundreds of criminal cases, managed Grand Jury investigations, and coordinated investigative activities by law enforcement personnel.

Host Jonathan Porter welcomes back Husch Blackwell partner Lorinda Holloway to the podcast to discuss how organizations become liable for false claims by their employees. We begin by discussing how vicarious liability holds employers responsible for employees' actions, though this principle does not always apply directly to punitive laws like the False Claims Act. 

We talk about the courts’ two approaches to False Claims Act vicarious liability, including the Grand Union case, in which the Eleventh Circuit Court of Appeals held a company liable for the isolated improper acts of low-level employees, even though no one in management knew false claims were being submitted. We also discuss the rationale behind decisions like Grand Union, including incentivizing companies to develop compliance systems to stop low-level employees from doing improper things.

Our discussion shifts to a series of cases that disagree with Grand Union. These cases state that if the government seeks to recover an amount much greater than its actual losses, then an employer cannot be held vicariously liable under the FCA for wrongful actions carried out by a non-managerial employee—unless the employer was aware of, approved, or acted recklessly regarding the hiring or supervision of that employee. We close the discussion by examining why courts struggle with applying vicarious liability concepts to the False Claims Act and what companies can do to mitigate potential liability for the acts of rogue employees. 

Jonathan Porter | Full Biography

Jonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers, drawing on his experience as a former federal prosecutor to guide clients in sensitive and enterprise-threatening litigation. At the Department of Justice, Jonathan earned a reputation as a top white-collar prosecutor and trial lawyer and was a key member of multiple international healthcare fraud takedowns and high-profile financial crime prosecution teams. He serves as a vice chair of the American Health Law Association’s Fraud and Abuse Practice Group and teaches white collar crime as an adjunct professor of law at Mercer University School of Law.

Lorinda Holloway | Full Biography

Based in Austin, Texas, Lorinda is a member of Husch Blackwell’s Healthcare, Life Sciences and Education industry team and counsels clients on matters concerning government investigations and disputes. For more than 25 years, she has advised and represented clients in and out of the courtroom with a particular focus on the healthcare industry, including False Claims Act, Texas Medicaid Fraud Prevention Act, and qui tam related investigations and lawsuits, audits, as well as business disputes in state and federal court. Lorinda’s experience in healthcare has also led to the education field, including a focus on the legal challenges faced in academic medicine. 

Host Jonathan Porter welcomes Husch Blackwell partners Rebecca Furdek and Todd Gee back to the podcast to discuss the growing amount of enforcement under various state-level False Claims Acts, and the recent Risk Management Magazine article that Rebecca and Todd have written on the subject. Our conversation starts with an overview of state False Claims Acts and how the use of FCA varies from state to state. We examine recent settlements in Massachusetts and Minnesota that show the reach of state False Claims Acts and discuss a large District of Columbia False Claims Act settlement for tax liability that could be the next big enforcement area for state-level False Claims Acts.

Our conversation then turns to how states have traditionally focused FCA enforcement on Medicaid claims but are broadening their FCA laws to reach new types of government claims. We discuss how California, for example, is considering a new law that would allow false claims relating to tax to be enforceable under the California False Claims Act. We also talk about how State Attorneys General are likely to play a huge role in using their state FCAs to enforce things that may not gain traction with federal authorities.

We conclude with a discussion of what might happen next, and how those doing business with multiple states should track what is enforceable under each state’s FCA. We look at how a robust compliance program should be every company’s first line of defense against FCA liability by finding and fixing issues before they result in FCA problems.

Jonathan Porter | Full Biography

Jonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers. He advises clients on sensitive and enterprise-threatening litigation, drawing on his experience as a former federal prosecutor. At the Department of Justice, Jonathan earned a reputation as a top white-collar prosecutor and trial lawyer and was a key member of multiple international healthcare fraud takedowns and high-profile financial crime prosecution teams. He serves as a vice chair of the American Health Law Association’s Fraud and Abuse Practice Group and teaches white collar crime as an adjunct professor of law at Mercer University School of Law.

Rebecca Furdek | Full Biography

A partner in Husch Blackwell’s Milwaukee office, Rebecca is a member of the firm’s White Collar, Internal Investigations & Compliance team and regularly helps clients navigate today’s regulatory and government enforcement landscape. Before joining Husch, Rebecca served as Counsel to the Solicitor at the U.S. Department of Labor (DOL), where she gained firsthand insight into federal agency rulemaking and administrative enforcement. Prior to her government service, she worked as an associate in the Washington, D.C. office of a global law firm, focusing on litigation and government enforcement, and began her legal career as a judicial law clerk at the U.S. District Court for the Northern District of Texas. During law school, Rebecca served as a law clerk with the U.S. Senate Judiciary Committee.

Todd Gee | Full Biography

Based in Washington, Todd is a former United States Attorney and experienced trial lawyer who represents businesses and individuals in complex criminal defense, corporate fraud investigations, and regulatory compliance matters. With years of experience as a federal prosecutor and counsel to a congressional committee, he is well-positioned to help clients navigate high-stake and sensitive issues. Todd specializes in guiding them through multifaceted investigations involving overlapping risks posed by criminal investigators, civil litigants, regulatory agencies, or congressional inquiries. 

Host Jonathan Porter welcomes Husch Blackwell partner Jody Rudman back to the podcast to discuss recent oral arguments in an appeal into whether the False Claims Act’s qui tam provisions are unconstitutional. Our conversation starts with an overview of qui tams and the role whistleblowers play in the False Claims Act litigation process. We examine the unique role that whistleblowers can play—standing in the shoes of the government and litigating as though they are the government—and how that differs from other whistleblower programs run by the federal government.

Our conversation then turns to the case of United States ex rel. Zafirov v. Florida Medical Associates, LLC, in which a federal judge ruled that qui tams are unconstitutional. We discuss the judge’s constitutional concerns with qui tams in that opinion. We also examine how Zafirov has been appealed to the Eleventh Circuit Court of Appeals, where a three-judge panel heard argument on December 12, 2025, on whether qui tams are indeed unconstitutional. Our discussion analyzes the questions asked by the three-judge panel and how those questions might inform the direction the court takes.

We conclude with a discussion of what might happen next, and how other circuits have similar cases pending that call into question the qui tam provision of the False Claims Act. We look at how these cases might make their way to the U.S. Supreme Court and their potential impact on False Claims Act enforcement.

Jonathan Porter | Full Biography

Jonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers, using his experience as a former federal prosecutor to guide clients in sensitive and enterprise-threatening litigation. At the Department of Justice, Jonathan earned a reputation as a top white-collar prosecutor and trial lawyer and was a key member of multiple international healthcare fraud takedowns and high-profile financial crime prosecution teams. He serves as a vice chair of the American Health Law Association’s Fraud and Abuse Practice Group and teaches white collar crime as an adjunct professor of law at Mercer University School of Law.

Jody Rudman | Full Biography

Jody serves as the Office Managing Partner for Husch Blackwell’s Austin office and leads the firm’s White Collar, Internal Investigations & Compliance practice group. She also heads up the firm’s False Claims Act working group. Jody has assisted clients across a wide range of industries with investigations, negotiations, mediations, pretrial matters, grand jury proceedings, civil lawsuits, criminal indictments, jury trials, sentencings, and appeals. She has tried dozens of jury and bench trials in the federal and state courts, argued before the U.S. Court of Appeals for the Fifth Circuit, and appeared before the U.S. Supreme Court. Prior to entering private practice, Jody served as a federal prosecutor for the Northern District of Texas and was appointed by the Texas Attorney General to spearhead high-profile charitable trust and healthcare litigation matters for the State of Texas.

Jonathan Porter welcomes colleague Claire Postman to discuss how healthcare providers approach HIPAA when responding to civil investigative demands in False Claims Act investigations. Jonathan explains that providers often feel tension between meeting the requirements of a CID and complying with HIPAA. Claire begins by outlining HIPAA’s general prohibition on disclosing protected health information and describes the exceptions that allow disclosures in specific circumstances. She explains that HIPAA permits disclosures when required by law, including mandated reporting in situations such as abuse or neglect, and in response to court orders, grand jury subpoenas, and civil investigative demands. Claire also notes that disclosures must match the scope of the request and that de-identification may sometimes be appropriate.

Jonathan and Claire then discuss HIPAA’s provisions for allowing disclosures to health oversight agencies and situations in which questions arise about how these rules apply. Claire emphasizes the importance of reviewing the language of a CID carefully to determine whether a disclosure fits within HIPAA’s exceptions. Together, they outline factors providers should consider when assessing what information may be produced and how to ensure responses remain within HIPAA’s requirements.

They conclude by discussing the value of clear communication between counsel and investigators when questions about HIPAA compliance arise. Jonathan and Claire highlight how proactive dialogue can help clarify expectations and ensure that responses remain consistent with both HIPAA and the scope of the CID.

Jonathan Porter | Full Biography
Jonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers, where he uses his experience as a former federal prosecutor to guide clients in sensitive and enterprise-threatening litigation. At the Department of Justice, Jonathan earned a reputation as a top white-collar prosecutor and trial lawyer and was a key member of multiple international healthcare fraud takedowns and high-profile financial crime prosecution teams. He serves as a vice chair of the American Health Law Association’s Fraud and Abuse Practice Group and teaches white collar crime as an adjunct professor of law at Mercer University School of Law.

Claire Postman | Full Biography
Claire Postman is a senior associate who advises healthcare clients on regulatory compliance and the application of federal and state requirements. Before attending law school, she worked as an analyst researching Medicare and Medicaid policy, which helped shape her interest in translating complex regulations for healthcare stakeholders. Claire assists clients with healthcare regulatory matters and supports organizations involved in transactions such as joint ventures, affiliations, changes of control, and mergers and acquisitions within the healthcare sector. Her background in public health and policy analysis informs her work helping clients understand how evolving regulations apply to their operations.

Host Jonathan Porter welcomes Julia Kopcienski to the podcast to discuss a new Husch Blackwell report, “Legal Perspectives on Executive Order 14173, DEI, and the False Claims Act,” that explores the Trump administration’s demonstrated commitment to enforcing federal anti-discrimination laws through novel and varied mechanisms. The 30-page report was written by a multidisciplinary team of lawyers, drawing from the firm’s Government Contracts; White Collar, Internal Investigations, and Compliance; Labor & Employment; and Higher Education practice groups. In it, readers will get practical perspectives on how to (1) understand and recognize what employment, procurement, and educational policies and practices may now be considered “illegal;” (2) identify issues for self-review and/or assistance from outside counsel; and (3) be aware of and prepare for novel federal civil and criminal enforcement mechanisms.

The conversation discusses how the Trump administration’s use of the FCA and qui tam litigation departs from prior anti-discrimination enforcement efforts and then pivots to consider some of the legal liabilities faced by government contractors vis-à-vis their DEI initiatives. Jonathan and Julia unpack how express certifications work in this context and what contractors—and their legal counsel—need to think about as enforcement in this area ramps up.

Jonathan Porter | Full Biography

Jonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers, where he uses his experience as a former federal prosecutor to guide clients in sensitive and enterprise-threatening litigation. At the Department of Justice, Jonathan earned a reputation as a top white-collar prosecutor and trial lawyer and was a key member of multiple international healthcare fraud takedowns and high-profile financial crime prosecution teams. He serves as a vice chair of the American Health Law Association’s Fraud and Abuse Practice Group and teaches white collar crime as an adjunct professor of law at Mercer University School of Law.

Julia Kopcienski | Full Biography

Julia works on a broad range of white collar and government contracts matters, supporting clients through the entire contracting lifecycle, from bidding, award, and administration to potential federal investigation and prosecution. Julia advises clients on FAR and DFARS compliance and contract administration matters, including complex claims and disputes. She defends contractors, commercial firms, and individuals against allegations of False Claims Act violations, healthcare fraud, government contracting fraud, accounting and tax fraud, securities fraud, FINRA and SEC regulatory violations, racketeering, wire and mail fraud, money laundering, and other wrongdoing. She has represented clients before DOJ headquarters and regional offices, the SEC, FINRA, state Attorney Generals’ offices, and other regulatory and enforcement agencies.

Host Jonathan Porter welcomes Brett McNeal and David Traskey to the show to discuss challenges associated with interpreting agency guidance—particularly advisory opinions from the Department of Health and Human Services’ Office of Inspector General (HHS-OIG)—as it relates to regulatory compliance in the healthcare industry. The conversation begins with a review of “first things,” or the short list of fundamentals that figure prominently in the regulatory setting, such as the origination and generation of business and whether federal money is involved in a service or product area. 

Advisory opinions often speak to these fundamentals, but the opinions are not always crystal clear. The conversation discusses how HHS-OIG advisory opinions are constructed, the statutory mandates that call them into existence, and the purposes they serve. While the opinions are legally binding on HHS and the parties that request them, their publication (in redacted form) can create issues owing to their highly qualified nature. Advisory opinions sometimes only hint broadly at how healthcare law might apply to any given situation, generating as many questions as they answer.

So how should healthcare providers approach HHS-OIG advisory opinions? The short answer is Very Carefully. Healthcare industry entities should consider their options fully prior to requesting advisory opinions and think through why it is they want the opinion and what the implications of the opinion could be. Jonathan, Brett, and David impart some practical tips on how to lead that conversation and analysis, offer thoughts on how the regulatory framework could be improved, and predict where healthcare fraud and abuse regulation could be heading.

Jonathan Porter | Full Biography

Jonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers, where he uses his experience as a former federal prosecutor to guide clients in sensitive and enterprise-threatening litigation. At the Department of Justice, Jonathan earned a reputation as a top white-collar prosecutor and trial lawyer and was a key member of multiple international healthcare fraud takedowns and high-profile financial crime prosecution teams. He serves as a vice chair of the American Health Law Association’s Fraud and Abuse Practice Group and teaches white collar crime as an adjunct professor of law at Mercer University School of Law.

Brett McNeal | Full Biography

Brett serves as the Chief Legal Officer of CAN Community Health, a leading operator of healthcare clinics. His deep experience with healthcare law is principally in the area of fraud and abuse, including the Stark Law, the Anti-Kickback Statute, and the False Claims Act. He also regularly provides advice and guidance on a range of regulatory issues and matters impacting the healthcare industry, including Medicare and Medicaid program and reimbursement requirements, the 340B Drug Pricing Program, HIPAA, and provider scope of practice issues.

David Traskey | Full Biography

David co-leads the Washington, DC office of the law firm Garfunkel Wild and advises individuals and entities involved in government investigations, guides clients on corporate compliance and governance matters, and litigates civil and white-collar health care fraud cases. Prior to entering private practice, David served as Senior Counsel with the United States Department of Health and Human Services (HHS), Office of Inspector General (OIG).

Host Jonathan Porter welcomes the Coker Group’s Andy Sobczyk to the podcast to discuss the risks and opportunities associated with implementing artificial intelligence (AI) solutions in the healthcare industry. The conversation kicks off with a consideration of AI in the area of clinical decision support, where AI platforms can potentially enhance a healthcare provider’s delivery of care. Jonathan and Andy then consider patient-facing care systems powered by AI, such as chatbots, and how these systems have to be evaluated according to the scope of information the chatbot is authorized to provide and the escalation guidelines put in place. The conversation also covers the application of AI to the drafting of clinical notes and the huge time-saving possibilities associated with ambient listening devices coupled with AI platforms. Jonathan and Andy also address the challenges of patient flow and how AI might help healthcare providers optimize workflows and better match supply with demand for healthcare services. Finally, Jonathan and Andy talk about billing, considering the risks and opportunities healthcare providers face in implementing AI solutions to optimize the billing process.

Jonathan Porter | Full Biography

Jonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers, where he uses his experience as a former federal prosecutor to guide clients in sensitive and enterprise-threatening litigation. At the Department of Justice, Jonathan earned a reputation as a top white-collar prosecutor and trial lawyer and was a key member of multiple international healthcare fraud takedowns and high-profile financial crime prosecution teams. He serves as a vice chair of the American Health Law Association’s Fraud and Abuse Practice Group and teaches white collar crime as an adjunct professor of law at Mercer University School of Law.

Andy Sobczyk | Full Biography

Andy is a vice president for Coker Group's physician services and finance, operations, and strategy divisions. He partners with clients to address challenges involving operational efficiency, organizational structure, physician alignment strategy, financial stability, revenue cycle management, and leadership coaching and development. He also supports compensation valuation work, compensation plan redesign, and strategic business planning.

Host Jonathan Porter welcomes Husch Blackwell partner Todd Gee to the program to discuss why establishing a good working relationship with the Department of Justice is important and how to accomplish that while remaining a fierce advocate for your client. The conversation begins with a short recap of DOJ structure and the lines of supervision between line attorneys—assistant U.S. Attorneys and Main Justice trial attorneys—and their supervisors and what role Main Justice has, if any, in the matter. In the context of False Claims Act cases, AUSAs often enjoy wide latitude to conduct the investigation; however, there are a few inflection points, like the issuance of civil investigative demands or settlement talks, where attorneys further up the line may have more input, and these in turn are decision points in time for defense counsel to consider.

Jonathan and Todd also discuss the importance of understanding why DOJ attorneys move aggressively on some matters while allowing others to languish. The conversation includes some key practical tips for how to work with line attorneys at DOJ, and at the top of the list is personal comportment—don’t be a jerk!—when dealing with DOJ. Additionally, storytelling and providing DOJ with important context can help shape line attorneys’ points of view in handling FCA investigations where nuance and complexity reign supreme. 

Jonathan and Todd also take on instances of needing to elevate an issue over the head of line attorneys to the supervisor level. As one can imagine, this decision is fraught with risk, as mishandling a supervisor meeting can ruin relationships and make it harder to secure favorable settlements or case dispositions. One solid tip for practitioners: never appeal above the line attorney’s head without letting him or her know ahead of time in a respectful manner. An appropriately delicate touch is needed when appealing investigative decisions; former DOJ personnel often understand the tact required and the processes involved. There are often solid reasons for appealing investigative decisions; however, the way it is done can be hugely impactful.

Jonathan Porter | Full Biography

Jonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers, where he uses his experience as a former federal prosecutor to guide clients in sensitive and enterprise-threatening litigation. At the Department of Justice, Jonathan earned a reputation as a top white-collar prosecutor and trial lawyer and was a key member of multiple international healthcare fraud takedowns and high-profile financial crime prosecution teams. He serves as a vice chair of the American Health Law Association’s Fraud and Abuse Practice Group and teaches white collar crime as an adjunct professor of law at Mercer University School of Law.

Todd Gee | Full Biography

Based in Washington, Todd is a former United States Attorney and experienced trial lawyer, representing businesses and individuals in connection with a range of criminal and civil matters, including government and internal investigations, litigation, and regulatory compliance. With years of experience as a federal prosecutor and counsel to a congressional committee, Todd is well-positioned to help clients navigate high-stakes and sensitive issues. He specializes in guiding clients through multifaceted investigations involving overlapping risks posed by criminal investigators, civil litigants, regulatory agencies, or congressional inquiries.