DOJ Signals That It Will Increase FCA Enforcement to Curb Opioid Crisis in the Most Meritorious Cases
Client Alert | 1 min read | 03.13.18
The Department of Justice (DOJ) has signaled that it will increase its use of the False Claims Act (FCA) to address the opioid crisis. Addressing the Federal Bar Association’s Qui Tam Conference on February 28th, Deputy Associate Attorney General Stephen Cox stated that the FCA “provides the government with a powerful tool to pursue all of those in the opioid distribution chain that are responsible for the improper marketing, distribution, prescription and diversion of opioids” and that it is a tool that DOJ is “increasingly using to address the opioid crisis.” Mr. Cox also emphasized that the department would only focus on the most meritorious cases. He referred to the Brand Memo, issued earlier this year, to reiterate that DOJ would not use agency guidance to create legal obligations in FCA enforcement. He also alluded to the Granston Memo from January, which contains internal department guidelines for exercising dismissal authority of qui tam cases. Mr. Cox concluded that DOJ “takes its responsibility seriously” and will move to dismiss “where necessary to protect the long-term interests of both the government and relators.” (A full transcript of the address can be found here).
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Client Alert | 5 min read | 08.21.26
FTC Proposes Enforcement Policy Statement on Personalized Pricing: What Businesses Need to Know
On August 19, 2026, the Federal Trade Commission (FTC) announced a proposed Enforcement Policy Statement on personalized pricing — the practice of companies using consumers’ personal data to set individualized prices, discounts, coupons, or other incentives. The proposed statement, which is open for public comment for 30 days following publication in the Federal Register, marks a major step up in the FTC’s focus on data-driven pricing strategies and puts businesses across industries on notice that undisclosed or inadequately disclosed personalized pricing will not be tolerated. Importantly, while the proposed statement is not a binding legal requirement and does not create new legal obligations, it serves as an enforcement warning that the FTC is prepared to use its existing enforcement authority under Section 5 of the FTC Act (Section 5) and is also a potential harbinger of rulemaking. Businesses that engage in — or are considering — personalized pricing should carefully assess their disclosure practices and data collection procedures against the standards articulated in this statement.
Client Alert | 7 min read | 08.19.26
CMS’s Final Rule Bans Federal Medicaid Funding for Youth Gender-Affirming Care
Client Alert | 2 min read | 08.19.26

