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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 | 8 min read | 04.17.26

CMS Finalizes CY 2027 Medicare Advantage and Part D Rule: Key Implications for Plan Sponsors

On April 6, 2026, the Centers for Medicare & Medicaid Services (CMS) published its final rule governing the Medicare Advantage (Part C) and Prescription Drug Benefit (Part D) programs for Contract Year (CY) 2027. The final rule is effective June 1, 2026, with most provisions applicable to coverage beginning January 1, 2027, and marketing and communications changes taking effect October 1, 2026. Beyond payment, the rule pursues a broad deregulatory agenda aligned with Executive Order 14192, reversing marketing and enrollment safeguards introduced in 2023 and easing documentation and reporting obligations, while introducing new program integrity requirements....