DOJ Announces $3B in False Claims Act Recoveries
Client Alert | 1 min read | 01.10.20
The Department of Justice announced that it recovered more than $3 billion in settlements and judgments from False Claims Act matters in Fiscal Year 2019. The release may be found here. In addition to describing in detail significant cases, the press release covers:
- $2.6 billion in healthcare related recoveries
- 633 qui tam suits filed
- Research and grant misconduct by universities leading to more than $100 million in settlements
- Penalties and damages imposed against individuals/company executives
This annual press release is an important tool for companies to understand FCA enforcement trends. Among other things, the press release offers a broad window into the state of False Claims Act risks and provides an opportunity for companies to review their compliance programs and address emerging issues or gaps that may exist.
For more information, join Crowell & Moring lawyers for a webinar discussing emerging False Claims Act risks for 2020 and beyond on Wednesday, January 15 from 1-2:30pm eastern. Registration is available here.
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Kansas Federal Court Applies “Selective Enforcement” Theory to Reject DTSA Claim
A Kansas federal court held that inconsistent enforcement of trade secret rights can defeat a claim under the Defend Trade Secrets Act (DTSA). In Edelman Financial Engines, LLC v. Mariner Wealth Advisors LLC, No. 2:23-cv-02515-HLT (D. Kan. June 5, 2026), the court applied a selective enforcement theory, holding that when a company does not consistently pursue legal remedies against similarly situated former employees, that inconsistency can be affirmative evidence that it failed to protect its trade secrets. While the selective enforcement theory has appeared in academic hypothetical discussions, the decision appears to be one of the clearest judicial applications of a “selective enforcement” theory in a trade secret case.
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Auto Dealers: The FTC Is Back in the Driver’s Seat — Warning Letters Signal Renewed Federal Scrutiny
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