Host Jonathan Porter welcomes to the show Husch Blackwell partner Brian Flood to discuss how newly appointed personnel in the Trump administration could impact False Claims Act (FCA) enforcement for the remainder of 2025 and beyond. 

Jonathan and Brian begin by discussing the departure from the Department of Justice of Michael Granston, the former deputy assistant attorney general for the Commercial Litigation Branch. Over nearly 30 years, Granston had a strong influence on the development of DOJ’s approach to qui tam litigations and the FCA. His replacement, Brenna Jenny, rejoins government after a stint in private practice. The conversation explores how her approach to FCA enforcement may be informed by her real-world experience representing defendants, particularly around the notion of dismissal of declined qui tams and “but for” causation, the latter of which is the subject of a circuit split and is hotly contested in the FCA space.

Jonathan and Brian then pivot to consider the implications arising from the January 2025 dismissal of Christi Grimm, an inspector general (IG) with the Department of Health and Human Services. Our conversation touches on how the IG’s role intersects with FCA enforcement and IG’s have traditionally maintained a delicate balance between developing excellent working relationships with private industry while being vigilant in their oversight role. Jonathan and Brian also discuss the potential for wider ranging impacts within HHS where a new cadre of leadership could question the larger enforcement structure as it relates to healthcare, which could lead to uncertainty regarding the efficacy of prior regulatory guidance. The conversation wraps up with some broad thoughts on the direction of healthcare regulatory enforcement priorities.

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.

Brian Flood | Full Biography

Brian views government reviews, audits and investigations as unexpected issues that need quick intervention to minimize damage and move clients forward.

With a focus on healthcare industry enterprises, Brian advises clients on the strategy and tactics needed to achieve the most favorable resolution of regulatory compliance investigations and enforcement actions. He also represents clients facing civil and criminal charges of waste, abuse, misconduct, and fraud in federal and state courts.

Brian brings a comprehensive understanding of dispute resolution and government investigations to his clients, having served for several years as a prosecutor, consultant and regulator before entering private practice. He served nearly a decade as a prosecutor in banking, insurance, securities, healthcare, organized crime, general crimes and white collar crime. He was an Inspector General for the Health and Human Services system of Texas and was appointed to the Centers for Medicare & Medicaid Services Medicaid Integrity Program Advisory Committee. He also served as a consultant for a Big Four accounting firm and as an international consultant on healthcare, the Foreign Corrupt Practices Act (FCPA) and other regulatory and compliance industry matters.