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  3. |The Times They Are A’Changing – Or Are They? DOJ Announces It Will Move To Dismiss Qui Tam Complaints That Lack Merit

The Times They Are A’Changing – Or Are They? DOJ Announces It Will Move To Dismiss Qui Tam Complaints That Lack Merit

Client Alert | 1 min read | 11.13.17

After months of signaling that a change to the Department of Justice’s qui tam practices was imminent, Michael Granston, Director of the Civil Fraud Section, announced the change during a presentation at the Health Care Compliance Association’s Health Care Enforcement Compliance Institute on October 30. The Department of Justice will now move to dismiss a qui tam complaint when it concludes that it lacks merit. Although announced as a means of conserving judicial and litigant resources, we also wonder if the apparent change is spurred by a concern over the creation of bad law under Escobar’s materiality standard is a driving force behind this decision. Given that DOJ rarely exercises its statutory authority to move to dismiss a qui tam complaint, it should not be difficult to ascertain whether DOJ’s announcement is, in fact, a sign of a real shift in its enforcement tactics.

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Client Alert | 5 min read | 12.02.25

CARB Delays Enforcement of California’s Climate-Related Financial Risk Report Law (SB 261) and Issues New Guidance on Climate Disclosure Requirements in SB 261 and SB 253

As we have reported previously, California has enacted a pair of climate-related reporting laws that apply to large entities doing business in California (SB 253 and SB 261, as modified by SB 219). This alert provides an update on only the most recent events; please see previous alerts for a broader overview of the laws’ requirements....