Our conversation starts by examining how DOJ’s statistics signal increased scrutiny of the healthcare and defense contracting industries, with a growing role of qui tams. We look at how DOJ uses the False Claims Act to address the Trump Administration’s policy priorities in the areas of DEI and tariffs enforcement, along with healthcare claims that involve substandard patient care.

We then move on to discuss how DOJ’s statistics and public statements led to several major approaching legal battles, including the constitutionality of qui tams and DOJ’s use of artificial intelligence in vetting False Claims Act theories. We close the conversation by focusing on what those in False Claims Act-enforced industries should do to prepare for the growing number of qui tams and False Claims Act investigations.

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. He guides clients in sensitive and enterprise-threating litigation, drawing on his experience as a former federal prosecutor. 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.

Cormac Conner | Full Biography

A partner with Husch Blackwell based in Washington, D.C., Cormac has two decades of experience with high-stakes litigation and investigations, both as a prosecutor and as defense counsel. He has advised dozens of clients facing criminal and civil investigations involving all manner of federal criminal investigations, False Claims Act allegations, antitrust allegations, and Foreign Corrupt Practices Act claims. Cormac regularly assists clients with responses to formal and informal investigative inquiries, including Grand Jury subpoenas, Office of Inspector General subpoenas, civil investigative demands, and 28 U.S.C. § 1782 subpoenas. Between his stints in private practice, Cormac was an Assistant U.S. Attorney for nearly four years in the U.S. Attorney’s Office for the District of Columbia, serving as lead prosecutor in 24 criminal trials. In that role, he investigated hundreds of criminal cases, managed Grand Jury investigations, and coordinated investigative activities by law enforcement personnel.

We talk about the courts’ two approaches to False Claims Act vicarious liability, including the Grand Union case, in which the Eleventh Circuit Court of Appeals held a company liable for the isolated improper acts of low-level employees, even though no one in management knew false claims were being submitted. We also discuss the rationale behind decisions like Grand Union, including incentivizing companies to develop compliance systems to stop low-level employees from doing improper things.

Our discussion shifts to a series of cases that disagree with Grand Union. These cases state that if the government seeks to recover an amount much greater than its actual losses, then an employer cannot be held vicariously liable under the FCA for wrongful actions carried out by a non-managerial employee—unless the employer was aware of, approved, or acted recklessly regarding the hiring or supervision of that employee. We close the discussion by examining why courts struggle with applying vicarious liability concepts to the False Claims Act and what companies can do to mitigate potential liability for the acts of rogue employees. 

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, drawing on 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.

Lorinda Holloway | Full Biography

Based in Austin, Texas, Lorinda is a member of Husch Blackwell’s Healthcare, Life Sciences and Education industry team and counsels clients on matters concerning government investigations and disputes. For more than 25 years, she has advised and represented clients in and out of the courtroom with a particular focus on the healthcare industry, including False Claims Act, Texas Medicaid Fraud Prevention Act, and qui tam related investigations and lawsuits, audits, as well as business disputes in state and federal court. Lorinda’s experience in healthcare has also led to the education field, including a focus on the legal challenges faced in academic medicine. 

Our conversation then turns to how states have traditionally focused FCA enforcement on Medicaid claims but are broadening their FCA laws to reach new types of government claims. We discuss how California, for example, is considering a new law that would allow false claims relating to tax to be enforceable under the California False Claims Act. We also talk about how State Attorneys General are likely to play a huge role in using their state FCAs to enforce things that may not gain traction with federal authorities.

We conclude with a discussion of what might happen next, and how those doing business with multiple states should track what is enforceable under each state’s FCA. We look at how a robust compliance program should be every company’s first line of defense against FCA liability by finding and fixing issues before they result in FCA problems.

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. He advises clients on sensitive and enterprise-threatening litigation, drawing on his experience as a former federal prosecutor. 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.

Rebecca Furdek | Full Biography

A partner in Husch Blackwell’s Milwaukee office, Rebecca is a member of the firm’s White Collar, Internal Investigations & Compliance team and regularly helps clients navigate today’s regulatory and government enforcement landscape. Before joining Husch, Rebecca served as Counsel to the Solicitor at the U.S. Department of Labor (DOL), where she gained firsthand insight into federal agency rulemaking and administrative enforcement. Prior to her government service, she worked as an associate in the Washington, D.C. office of a global law firm, focusing on litigation and government enforcement, and began her legal career as a judicial law clerk at the U.S. District Court for the Northern District of Texas. During law school, Rebecca served as a law clerk with the U.S. Senate Judiciary Committee.

Todd Gee | Full Biography

Based in Washington, Todd is a former United States Attorney and experienced trial lawyer who represents businesses and individuals in complex criminal defense, corporate fraud investigations, and regulatory compliance matters. With years of experience as a federal prosecutor and counsel to a congressional committee, he is well-positioned to help clients navigate high-stake and sensitive issues. Todd specializes in guiding them through multifaceted investigations involving overlapping risks posed by criminal investigators, civil litigants, regulatory agencies, or congressional inquiries. 

Our conversation then turns to the case of United States ex rel. Zafirov v. Florida Medical Associates, LLC, in which a federal judge ruled that qui tams are unconstitutional. We discuss the judge’s constitutional concerns with qui tams in that opinion. We also examine how Zafirov has been appealed to the Eleventh Circuit Court of Appeals, where a three-judge panel heard argument on December 12, 2025, on whether qui tams are indeed unconstitutional. Our discussion analyzes the questions asked by the three-judge panel and how those questions might inform the direction the court takes.

We conclude with a discussion of what might happen next, and how other circuits have similar cases pending that call into question the qui tam provision of the False Claims Act. We look at how these cases might make their way to the U.S. Supreme Court and their potential impact on False Claims Act enforcement.

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, using 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.

Jody Rudman | Full Biography

Jody serves as the Office Managing Partner for Husch Blackwell’s Austin office and leads the firm’s White Collar, Internal Investigations & Compliance practice group. She also heads up the firm’s False Claims Act working group. Jody has assisted clients across a wide range of industries with investigations, negotiations, mediations, pretrial matters, grand jury proceedings, civil lawsuits, criminal indictments, jury trials, sentencings, and appeals. She has tried dozens of jury and bench trials in the federal and state courts, argued before the U.S. Court of Appeals for the Fifth Circuit, and appeared before the U.S. Supreme Court. Prior to entering private practice, Jody served as a federal prosecutor for the Northern District of Texas and was appointed by the Texas Attorney General to spearhead high-profile charitable trust and healthcare litigation matters for the State of Texas.

Jonathan and Claire then discuss HIPAA’s provisions for allowing disclosures to health oversight agencies and situations in which questions arise about how these rules apply. Claire emphasizes the importance of reviewing the language of a CID carefully to determine whether a disclosure fits within HIPAA’s exceptions. Together, they outline factors providers should consider when assessing what information may be produced and how to ensure responses remain within HIPAA’s requirements.

They conclude by discussing the value of clear communication between counsel and investigators when questions about HIPAA compliance arise. Jonathan and Claire highlight how proactive dialogue can help clarify expectations and ensure that responses remain consistent with both HIPAA and the scope of the CID.

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.

Claire Postman | Full Biography
Claire Postman is a senior associate who advises healthcare clients on regulatory compliance and the application of federal and state requirements. Before attending law school, she worked as an analyst researching Medicare and Medicaid policy, which helped shape her interest in translating complex regulations for healthcare stakeholders. Claire assists clients with healthcare regulatory matters and supports organizations involved in transactions such as joint ventures, affiliations, changes of control, and mergers and acquisitions within the healthcare sector. Her background in public health and policy analysis informs her work helping clients understand how evolving regulations apply to their operations.

The conversation discusses how the Trump administration’s use of the FCA and qui tam litigation departs from prior anti-discrimination enforcement efforts and then pivots to consider some of the legal liabilities faced by government contractors vis-à-vis their DEI initiatives. Jonathan and Julia unpack how express certifications work in this context and what contractors—and their legal counsel—need to think about as enforcement in this area ramps up.

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.

Julia Kopcienski | Full Biography

Julia works on a broad range of white collar and government contracts matters, supporting clients through the entire contracting lifecycle, from bidding, award, and administration to potential federal investigation and prosecution. Julia advises clients on FAR and DFARS compliance and contract administration matters, including complex claims and disputes. She defends contractors, commercial firms, and individuals against allegations of False Claims Act violations, healthcare fraud, government contracting fraud, accounting and tax fraud, securities fraud, FINRA and SEC regulatory violations, racketeering, wire and mail fraud, money laundering, and other wrongdoing. She has represented clients before DOJ headquarters and regional offices, the SEC, FINRA, state Attorney Generals’ offices, and other regulatory and enforcement agencies.

Advisory opinions often speak to these fundamentals, but the opinions are not always crystal clear. The conversation discusses how HHS-OIG advisory opinions are constructed, the statutory mandates that call them into existence, and the purposes they serve. While the opinions are legally binding on HHS and the parties that request them, their publication (in redacted form) can create issues owing to their highly qualified nature. Advisory opinions sometimes only hint broadly at how healthcare law might apply to any given situation, generating as many questions as they answer.

So how should healthcare providers approach HHS-OIG advisory opinions? The short answer is Very Carefully. Healthcare industry entities should consider their options fully prior to requesting advisory opinions and think through why it is they want the opinion and what the implications of the opinion could be. Jonathan, Brett, and David impart some practical tips on how to lead that conversation and analysis, offer thoughts on how the regulatory framework could be improved, and predict where healthcare fraud and abuse regulation could be heading.

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.

Brett McNeal | Full Biography

Brett serves as the Chief Legal Officer of CAN Community Health, a leading operator of healthcare clinics. His deep experience with healthcare law is principally in the area of fraud and abuse, including the Stark Law, the Anti-Kickback Statute, and the False Claims Act. He also regularly provides advice and guidance on a range of regulatory issues and matters impacting the healthcare industry, including Medicare and Medicaid program and reimbursement requirements, the 340B Drug Pricing Program, HIPAA, and provider scope of practice issues.

David Traskey | Full Biography

David co-leads the Washington, DC office of the law firm Garfunkel Wild and advises individuals and entities involved in government investigations, guides clients on corporate compliance and governance matters, and litigates civil and white-collar health care fraud cases. Prior to entering private practice, David served as Senior Counsel with the United States Department of Health and Human Services (HHS), Office of Inspector General (OIG).

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.

Andy Sobczyk | Full Biography

Andy is a vice president for Coker Group's physician services and finance, operations, and strategy divisions. He partners with clients to address challenges involving operational efficiency, organizational structure, physician alignment strategy, financial stability, revenue cycle management, and leadership coaching and development. He also supports compensation valuation work, compensation plan redesign, and strategic business planning.

Jonathan and Todd also discuss the importance of understanding why DOJ attorneys move aggressively on some matters while allowing others to languish. The conversation includes some key practical tips for how to work with line attorneys at DOJ, and at the top of the list is personal comportment—don’t be a jerk!—when dealing with DOJ. Additionally, storytelling and providing DOJ with important context can help shape line attorneys’ points of view in handling FCA investigations where nuance and complexity reign supreme. 

Jonathan and Todd also take on instances of needing to elevate an issue over the head of line attorneys to the supervisor level. As one can imagine, this decision is fraught with risk, as mishandling a supervisor meeting can ruin relationships and make it harder to secure favorable settlements or case dispositions. One solid tip for practitioners: never appeal above the line attorney’s head without letting him or her know ahead of time in a respectful manner. An appropriately delicate touch is needed when appealing investigative decisions; former DOJ personnel often understand the tact required and the processes involved. There are often solid reasons for appealing investigative decisions; however, the way it is done can be hugely impactful.

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.

Todd Gee | Full Biography

Based in Washington, Todd is a former United States Attorney and experienced trial lawyer, representing businesses and individuals in connection with a range of criminal and civil matters, including government and internal investigations, litigation, and regulatory compliance. With years of experience as a federal prosecutor and counsel to a congressional committee, Todd is well-positioned to help clients navigate high-stakes and sensitive issues. He specializes in guiding clients through multifaceted investigations involving overlapping risks posed by criminal investigators, civil litigants, regulatory agencies, or congressional inquiries. 

While FCA trial penalties can be large, the U.S. Constitution’s Excessive Fines Clause sometimes serves as a brake on penalties. As Tanner explains, constitutional arguments relying on the Excessive Fines Clause have gained some traction in various courts around the country, providing defendants with a means to combat the FCA’s statutory requirements.

Jonathan and Tanner then pivot to a recent FCA litigation (United States of America ex rel. Uri Bassan et al. v. Omnicare Inc.) that went to trial where the defendants lost and examine how trial penalties were handled by the court. Had the judge followed the letter of the law in the case under discussion, the resulting penalties would have equaled about $27 billion, roughly a third of the defendants’ market capitalization. Jonathan and Tanner discuss why the government declined to pursue the full damages and how the Excessive Fines Clause and the Due Process Clause figure into the way judges and counsel approached the matter.

Jonathan and Tanner conclude the discussion on how judges doing the math associated with total damages and the number of false claims are wildly inconsistent in the approaches they use, making it very difficult for defendants to assess risk prior to trial. Jonathan and Tanner then highlight some best practices for risk management in the FCA litigation context.

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.

Tanner Cook | Full Biography

Based in St, Louis, Tanner is a member of Husch Blackwell’s Commercial Litigation group and focuses on consumer class actions, antitrust litigation, and multidistrict litigation. Tanner frequently takes the lead in drafting critical pretrial briefs, including dispositive motions and evidentiary challenges. In addition to his commercial litigation practice, Tanner regularly assists on white collar defense matters, especially in the False Claims Act context. Tanner has significant experience defending companies from qui tam whistleblower suits at every stage of the litigation process, combining his deep substantive knowledge of the law with creative defense strategies. Tanner served as law clerk at the U.S. District Court, Eastern District of Missouri, for Judge Sarah E. Pitlyk.

Our discussion kicks off with DOJ’s focus on opioids and its use of the FCA to accomplish its policy ends. As Abe explains, the FCA’s civil penalty model is sometimes preferred by prosecutors due to its clarity and its ability to generate civil penalties large enough to punish violators and deter future violations. Jonathan and Abe then explore two recent litigations involving FCA allegations against pharmacies to draw out some practical takeaways for pharmacy operations.

The conversation then pivots to consider fraudulent claims uncovered by the government, particularly concerning drugs that are, contrary to the claims filed, not dispensed. Government investigators have grown adept at using inventory records and supply chain analysis to reveal potential false claims, providing a relatively easy and scalable enforcement model for U.S. Attorneys to use in FCA cases.

To conclude, Jonathan and Abe discuss the hazards of aggressive marketing campaigns involving high-reimbursement drugs and discuss a recent criminal enforcement against a Kentucky pharmacist involving medicated pads, highlighting some practical tips for pharmacy operators to consider.

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.

Abe Souza | Full Biography

Abe regularly represents clients embroiled in internal and government investigations, as well as in government enforcement actions. Abe also represents clients in complex business disputes and commercial litigation matters, including those involving antitrust and class action claims. Prior to joining Husch Blackwell, Abe served for nearly five years as an Assistant U.S. Attorney in the Northern District of Illinois where he worked directly with FBI agents and other investigators and served as a first-chair trial lawyer. Abe began his legal career as a law clerk for the Honorable Joan Humphrey Lefkow of the U.S. District Court for the Northern District of Illinois.

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.

The overpayment and allegation of fraud standards that govern payment suspensions are somewhat erratic—or at least, erratically imposed—creating added concern for healthcare providers, especially in light of recent CMS comments that payment suspensions could be used more broadly going forward. Furthermore, the standards, such as they are, are fairly easy for the government to meet. In the healthcare context, where decisions based on clinical judgment often form the subject matter of government investigations, the poorly defined standards for payment suspensions can lead to crippling uncertainty for organizations that lack a plan for how to mitigate the consequences. 

Jonathan and Bryan discuss the typical process and scope of payment suspensions—whether the suspension involves all payments to an organization or whether it is limited to the issue under review—and how healthcare providers can develop strategies to resolve payment suspensions. The conversation pivots to consider case law and what lessons can be derived from recent litigation.

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.

Bryan Nowicki | Full Biography

Bryan has more than 20 years of litigation and regulatory experience, assisting clients on a nationwide basis with complex litigation, compliance, and business matters with a particular focus on hospice, home health agencies, palliative care organizations, hospitals, and skilled nursing homes. Working closely with clients, he develops practical strategies and remediation when they face issues including state and federal investigations, whistleblower complaints, audits, and federal fraud and abuse claims, among other areas.

The conversation then pivots to the Eliminating Kickbacks in Recovery Act (EKRA), a criminal law enacted by Congress in 2018 as part of a larger package of legislation addressing the opioid crisis. EKRA, however, has broader implications, and Jonathan and Brandon dive into how it intersects with the False Claims Act and how its willfulness provisions and lack of a right of private action have impacted enforcement. They also discuss EKRA case law that has shaped how compliance programs operate and how courts have interpreted the law’s provisions, including its unique preemption scope vis-à-vis state law and other federal statutes.

With recent reports noting redeployment of DOJ resources toward greater healthcare fraud enforcement, EKRA could emerge as a key piece of criminal law that healthcare providers need to consider.

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.

Brandon Hall | Full Biography

Brandon counsels clients on healthcare regulatory matters, government enforcement actions, employee benefits, and ERISA. His clients include hospitals, health systems, physicians and other providers, physician groups, pharmacies, ERISA plan fiduciaries, and healthcare private equity investors. 

Prior to his legal career, Brandon sold medical devices for a national cardiac monitoring company. He also serves as adjunct faculty at Saint Louis University School of Law’s Center for Health Law Studies, where he co-teaches the course Grassroots Policy and Advocacy, a class which works with legislators to draft and pass legislation during the spring semester by taking frequent trips to the state capital to lobby legislators and testify before various committees.

During the early days of the pandemic, the government prioritized access to funds over program design and rigor, which quickly injected over $2 trillion of much needed money into the economy but also introduced the perfect conditions for fraudsters to submit phony applications. As the pandemic subsided, the Department of Justice has ramped up efforts to identify fraud and recover funds—and one its most important tools has been the False Claims Act.

Jonathan and Bob explore why a civil remedy is being applied to cases where there is blatantly criminal behavior and how whistleblowers and data miners play an important role in bringing Covid fraud to light. The conversation also discusses conduct that is less blatantly criminal or not criminal at all and how FCA works in these instances, including the concept of “reckless disregard” and how it serves as a means for prosecutors to work around the FCA’s scienter requirement.

Jonathan and Bob also address how FCA liability can emerge due to conduct unrelated to the loan application process per se. They recount an instance where allegations of Medicaid fraud—a matter that led to a settlement—boomeranged into a massive FCA claim due to the representations made by the lender while drawing down Covid relief funds that were initially forgiven by the government. 

Finally, the conversation addresses financial institutions’ exposure to FCA liability under the theory that they should have exercised greater diligence in making loans. Recent cases highlight how DOJ is pursuing not just borrowers, but lenders as well, especially via qui tam litigation against both the institution and executives, demonstrating that the book is still open on Covid-related fraud enforcement. 

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.

Robert Peabody | Full Biography

Based in Boston, Bob represents companies and management in healthcare, securities, tax, labor and corporate fraud matters. Much of his practice is focused on the healthcare industry—including allegations of illegal kickbacks, off-label marketing matters, and alleged Medicare and Medicaid fraud, among other regulatory enforcement matters. He also handles a range of financial and commercial fraud matters investigated by the Departments of Justice, Treasury, and Health and Human Services, as well as the Center for Medicare and Medicaid Services. Bob also represents financial executives facing SEC scrutiny, including cases involving insider trading, accounting fraud, and market manipulation. Bob also has represented colleges and universities in internal investigations involving Title IX allegations.

Before transitioning to white collar defense and internal investigations, Bob served as a state and federal prosecutor for 15 years. He has broad familiarity with the state and federal courts, having prosecuted more than 60 jury trials, as well as having made numerous arguments before the First Circuit Court of Appeals.

The episode highlights the role of storytelling in defending against FCA allegations. In many respects, FCA investigations and prosecutions concern dueling or conflicting narratives. Indeed, it is often a whistleblower’s story that launches these investigations, and being able to develop—and effectively tell—an evidence-based story that contradicts or complicates the whistleblower’s narrative can be key to resolving FCA-related challenges.

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.

Rebecca Furdek | Full Biography

A partner in Husch Blackwell’s Milwaukee office, Rebecca is a member of the firm’s White Collar, Internal Investigations & Compliance team and regularly helps clients navigate today’s regulatory and government enforcement landscape. Before joining Husch, Rebecca served as Counsel to the Solicitor at the U.S. Department of Labor, where she gained firsthand insight into federal agency rulemaking and administrative enforcement. Prior to her government service, Rebecca worked as an associate in the Washington, D.C. office of a global law firm, focusing on litigation and government enforcement, and began her legal career as a judicial law clerk at the U.S. District Court for the Northern District of Texas. During law school, she served as a law clerk with the U.S. Senate Judiciary Committee.

The discussion begins with the February Supreme Court unanimous decision in Wisconsin Bell that clarified important concepts surrounding the definition of a claim under the FCA. While a victory for the whistleblower, the decision was a narrow one, leaving some important questions untouched, including the constitutionality of the FCA’s qui tam provisions. From there, the conversation pivots to a First Circuit decision in United States v. Regeneron Pharmaceuticals that reads into FCA enforcement a “but-for” causation standard, widening a circuit split on the causation issue. The episode then covers a big defense win for a Medicare Advantage plan accused of making reverse false claims. Finally, the episode discusses a new memorandum from Attorney General Pam Bondi that narrows FCA enforcement, before concluding with a discussion of the Supervalu trial and its implications for FCA enforcement.

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.

Tanner Cook | Full Biography

Based in St, Louis, Tanner is a member of Husch Blackwell’s Commercial Litigation group and focuses on consumer class actions, antitrust litigation, and multidistrict litigation. Tanner frequently takes the lead in drafting critical pretrial briefs, including dispositive motions and evidentiary challenges. In addition to his commercial litigation practice, Tanner regularly assists on white collar defense matters, especially in the False Claims Act context. Tanner has significant experience defending companies from qui tam whistleblower suits at every stage of the litigation process, combining his deep substantive knowledge of the law with creative defense strategies. Tanner served as law clerk at the U.S. District Court, Eastern District of Missouri, for Judge Sarah E. Pitlyk.

For Further Reading

Wisconsin Bell Inc. v. United States ex rel. Todd Heath, case number 23-1127, before the Supreme Court of the United States, Decided February 21, 2025.

Robert K. Blaisdell, Brian G. Flood, and Taylor White. “Beware of Offers Too Good to Be True: Recent Federal Lawsuit Highlights Kickback and False Claims Risks,” March 14, 2025.

Jonathan and Michael kick off the discussion with a brief overview of the historical context surrounding President Trump’s EO, including the Lyndon Johnson-era EO that it seeks to displace. For decades, federal contractors and subcontractors had to affirmatively ensure that employment practices are non-discriminatory against any person based on race, ethnicity, sex, national origin, or religion. Through executive action, the Trump administration has revoked this framework and created new requirements, including a prohibition against enforcing affirmative action in government contracts and certifications from contractors and grant recipients that they do not operate DE&I programs that violate federal anti-discrimination laws.

As Jonathan and Michael discuss, the new EO is not without its legal challenges. On February 21, 2025, a federal judge issued a 63-page memorandum opinion and a nationwide preliminary injunction prohibiting the federal government from enforcing some of the EO’s key provisions, offering temporary relief to contractors, grant recipients, and private employers who are concerned that they will be a target of administration efforts to search out and potentially prosecute “illegal DEI.”

How does this new EO—and the pending litigation attached to it—intersect with the FCA? Jonathan and Michael explore how the EO and its express reference to the FCA set in motion the potential for whistleblower claims pertaining to the operation of certain DE&I programs, but the court-imposed stay has created limbo as to the EO’s legality. The conversation turns to consider how contractors should approach new and existing federal government contracts in light of these developments, including the uneasy relationship between federal and state-level laws and contracts that could have contradictory requirements, setting up a Kafkaesque dilemma for compliance teams. 

Jonathan and Michael wrap up the conversation by exploring how the new EO complicates compliance with various other government contract requirements, some of which are statutory in nature, such as the Small Business Administration’s 8(a) program, a federal contracting and training program for small business owners who are socially and economically disadvantaged.

Jonathan Porter Biography

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.

Michael Schrier Biography

Full Biography

Michael represents federal contractors, grant recipients, and companies and institutions doing business with or having matters before the U.S. government across a diverse array of matters, including construction litigation and labor and employment law. His employment-related advice includes matters in connection with the Davis-Bacon Act, Service Contract Act, federal contractor Paid Sick Leave, federal contractor minimum wage, and OFCCP matters. Michael represents clients in Contract Disputes Act, Miller Act and breach of contract claims in federal and state trial and appellate courts and in bid protests before the U.S. Court of Federal Claims and U.S. Government Accountability Office. In addition, he advises clients on Federal Acquisition Regulation compliance, facilities and security clearances, False Claims Act, Buy American Act, and debarment/suspension matters.

Further Reading

Michael J. Schrier, Brian P. Waagner, Tracey O’Brien, and Catarina A. Colón. “Federal Court Issues Preliminary Injunction Enjoining Key Portions of Anti-DEI Executive Orders,” February 24, 2025.

Michael J. Schrier and Tracey O’Brien. “White House Revokes E.O. 11246, Targets DEI Programs Alleged to Violate Anti-Discrimination Laws,” January 23, 2025.

Jonathan and Abe use their experience serving within DOJ to shed light on how DOJ prioritizes FCA investigations. The discussion touches on the time-management aspects of an Assistant U.S. Attorney’s job and how these time limitations force AUSAs to focus on cases where there is a potential to secure a significant settlement or judgment and where the underlying allegations detail egregious conduct accompanied by strong evidence that can be marshaled at trial. Additionally, DOJ is more apt to end an investigation when there is some evidence of a violation, but the violation was immaterial to the government’s payment decision.

The conversation then shifts to explore how qui tam complaints make their way through the legal system and how defendants can best defend these types of investigations. There is often a substantial degree of investigative activity already ongoing when defendants learn of an FCA investigation, usually via a civil investigative demand. Jonathan and Abe discuss the importance of the tone of initial and subsequent communications between defendants and the government, as they can play an important role in whether the government ultimately elects to join the lawsuit. While not dispositive, declinations are hugely influential, as many whistleblowers will voluntarily dismiss FCA actions if the government decides not to join the suit. Jonathan and Abe explain the inflection points of qui tam litigation and how DOJ approaches declination and dismissal requests based on how the case is proceeding.

Jonathan and Abe also cover what happens in qui tam cases after DOJ declines to join a lawsuit and how defendants can manage litigation risk in these instances.

Jonathan Porter Biography

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.

Abraham J. Souza Biography

Full Biography

Abe regularly represents clients embroiled in internal and government investigations, as well as in government enforcement actions. Abe also represents clients in complex business disputes and commercial litigation matters, including those involving antitrust and class action claims. Prior to joining Husch Blackwell, Abe served for nearly five years as an Assistant U.S. Attorney in the Northern District of Illinois where he worked directly with FBI agents and other investigators and served as a first-chair trial lawyer. Abe began his legal career as a law clerk for the Honorable Joan Humphrey Lefkow of the U.S. District Court for the Northern District of Illinois.

As the tariff regime potentially expands, so do the risks posed by whistleblowers who could benefit from alleging violations of trade law. Jonathan and Bob summarize at a high level the tariff system and how its regulatory framework creates the potential for FCA liability. They explore how allegations of FCA violations often take the form of reverse false claims, which concern efforts to fraudulently withhold monies owed to the government, such as failing to disclose or falsely representing an obligation. In the trade context, these disclosures can be complex, especially as the tariff regime covers general tariffs, product-specific tariffs, and country-of-origin tariffs, each with very different classifications and definitions. 

Jonathan and Bob explore in depth some issues associated with tariff-related FCA litigation that are unusual and worth considering. More so than the typical healthcare or defense industry FCA litigation, tariff-related FCA cases are often filed by relators who are also business competitors, rather than “insiders” such as employees. This has important implications, especially given that the FCA is not a strict liability statute. Jonathan and Bob discuss recent “textbook” cases to demonstrate how honest mistakes can put a company at risk, as the costs associated with protracted litigation can compel companies to settle, even in the absence of a knowing violation. Jonathan and Bob also explore the federal district court judiciary’s unfamiliarity with some forms of trade-related litigation, as customs penalty cases are typically handled by the U.S. Court of International Trade.

Jonathan and Bob conclude the episode with a discussion of what companies that work with importers need to know about FCA enforcement. Drawing from a recent FCA lawsuit, they explore the elements required to defend against relator claims and how those impact third-party participants, including warehousers, shippers, and others involved in the supply chain.

Jonathan Porter Biography

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.

Robert Romashko Biography

Full Biography

Bob is a Washington, DC-based partner at Husch Blackwell and the leader of the firm’s Tax practice group. He routinely handles client matters in connection with government investigations carried out by tax authorities and other government agencies, including the Securities and Exchange Commission, Department of Justice, and Office of Inspector General. Bob has a deep understanding of how government investigators think and act and how they approach potential fraud and compliance issues. He also maintains a litigation practice defending companies against whistleblower claims, specifically against the False Claims Act and allegations of Stark Law violations. Prior to joining Husch Blackwell, Bob spent six years as senior attorney with the IRS Office of Chief Counsel.

The discussion begins with a brief summary of what information the Department of Justice can access through civil investigative demands (CIDs) and what is off limits to government investigators, including documents that fall under attorney-client privilege; however, the right to privilege can be waived. Such waivers can be intentional or accidental, with the latter circumstance occurring when document reviews in response to CID requests fail to catch privileged material. The conversation then explores how waivers—intentional or inadvertent—work in practice and how they impact the arc of litigation. 

Most prosecutors—most of the time—are extremely conscientious about coming into contact with potentially privileged information, but when such vigilance lapses, it can have serious implications for defending against FCA allegations, such as those seen in the MD Spine case. MD Spine highlights the limitations placed upon the government in its custodial role concerning those with whom the government can share privileged information. The discussion dives into the details of MD Spine and its implications for similarly situated FCA cases and wraps up with some practical takeaways to consider.

Jonathan Porter Biography

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.

Kip Randall Biography

Full Biography

Kip is a partner with Husch Blackwell’s White Collar, Internal Investigations, & Compliance team and counsels corporate and individual clients through internal investigations and those embroiled in government investigations, including those with the Department of Justice (DOJ), Securities and Exchange Commission (SEC), Environmental Protection Agency (EPA), and Internal Revenue Service (IRS). He also maintains an active commercial litigation practice in a variety of matters, including class actions, business disputes, and product liability matters, among other areas.

In Part I of the conversation,  Jonathan and Cormac provided an overview of how transitions work from one administration to another, both at Main Justice in Washington as well as in the U.S. Attorneys’ offices around the country. They also covered important changes in policy over the previous three presidential administrations, highlighting how both the 2015 Yates memo and the 2017 Brand memo (and its subsequent rescindment) affected FCA enforcement. 

Part II of this discussion explores how FCA enforcement shifted during the Biden administration and what changes are likely during a second Trump administration. Jonathan and Cormac begin with a discussion of how the aforementioned memos—as well as the so-called Granston memo—figure in day-to-day DOJ activities. They also discuss the Biden administration’s scrutiny on private equity ownership of healthcare enterprises—including the naming of private equity sponsors in FCA litigation—and how that scrutiny could change under a second Trump administration. The discussion wraps up with a brief exploration of United States ex rel. Zafirov v. Florida Medical Associates, an ongoing dispute regarding the constitutional legitimacy of qui tam litigation, and whether the arguments presented in Zafirov will be embraced by the Trump administration’s Justice Department. 

Jonathan Porter Biography

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.

Cormac Connor Biography

Full Biography

A partner with Husch Blackwell based in Washington, D.C., Cormac has two decades of experience with high-stakes litigation and investigations, both as a prosecutor and as defense counsel. He has advised dozens of clients facing criminal and civil investigations involving all manner of federal criminal investigations, False Claims Act allegations, antitrust allegations, and Foreign Corrupt Practices Act claims. Cormac regularly assists clients with responses to formal and informal investigative inquiries, including Grand Jury subpoenas, Office of Inspector General subpoenas, civil investigative demands, and 28 U.S.C. § 1782 subpoenas. Between his stints in private practice, Cormac was an Assistant U.S. Attorney for nearly four years in the U.S. Attorney’s Office for the District of Columbia, serving as lead prosecutor in 24 criminal trials, investigating hundreds of criminal cases, managing Grand Jury investigations, and coordinating investigative activities by law enforcement personnel.

Cormac is the 2024 recipient of Husch Blackwell’s Pro Bono Impact Award. He leads the firm’s pro bono partnership with the Dr. Lorna Breen Heroes’ Foundation, which advances critical mental health advocacy for healthcare workers.

The conversation begins with a brief overview of how transitions work from one administration to another, both at Main Justice in Washington as well as in the U.S. Attorneys’ offices around the country. Jonathan and Cormac cover the distinction between political appointees and career DOJ employees and why most FCA investigations and prosecutions survive transitions in political power.

Rather than case-specific changes, far more common during transitions is a recalibration of DOJ’s policies and priorities. Jonathan and Cormac provide a summary of how DOJ has shifted its stance on certain issues pertaining to FCA enforcement over several recent administrations, including notably the 2015 Yates memo, which placed a great deal of emphasis on individual accountability in the context of cooperating with the government during an investigation. The first Trump administration modified the Yates memo’s approach, extending some degree of cooperation credit to companies even in the absence of “naming names” or otherwise pushing individual corporate leaders into the investigative spotlight. The conversation also covers the 2017 Brand memo, which sought to end DOJ’s use of sub-regulatory guidance in affirmative civil enforcement actions, like FCA enforcement efforts. The Brand memo was rescinded by DOJ under Attorney General Merrick Garland, but the likelihood is high that the incoming Trump administration will reinstate it in some form in 2025.

A future Part II of this discussion will cover how FCA enforcement shifted during the Biden administration and what changes are likely during a second Trump administration.

Jonathan Porter Biography

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.

Cormac Connor Biography

Full Biography

A partner with Husch Blackwell based in Washington, D.C., Cormac has two decades of experience with high-stakes litigation and investigations, both as a prosecutor and as defense counsel. He has advised dozens of clients facing criminal and civil investigations involving all manner of federal criminal investigations, False Claims Act allegations, antitrust allegations, and Foreign Corrupt Practices Act claims. Cormac regularly assists clients with responses to formal and informal investigative inquiries, including Grand Jury subpoenas, Office of Inspector General subpoenas, civil investigative demands, and 28 U.S.C. § 1782 subpoenas. Between his stints in private practice, Cormac was an Assistant U.S. Attorney for nearly four years in the U.S. Attorney’s Office for the District of Columbia, serving as lead prosecutor in 24 criminal trials, investigating hundreds of criminal cases, managing Grand Jury investigations, and coordinating investigative activities by law enforcement personnel.

Cormac is the 2024 recipient of Husch Blackwell’s Pro Bono Impact Award. He leads the firm’s pro bono partnership with the Dr. Lorna Breen Heroes’ Foundation, which advances critical mental health advocacy for healthcare workers.

Jonathan and Tanner focus the discussion on Loper Bright’s implications on the concept of materiality, a key statutory component for determining FCA liability. “Material” in the FCA context describes factors that impact the government’s payment decisions, and much hangs on this concept when whistleblowers allege FCA-related fraud. After all, not all regulatory violations are material.

Jonathan and Tanner discuss recent litigation in which defendants have employed Loper Bright to challenge an agency’s interpretive rules—that is, an agency’s interpretation of law, rather than its substantive rulemaking tied to an explicit statutory delegation of power—under the theory that rules lacking the force of law are ipso facto nonmaterial. Given the significant percentage of FCA cases premised on obscure interpretative rules, Loper Bright changes the scope of legal analysis and could assist defendants in limiting FCA liability. 

Jonathan Porter Biography

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.

Tanner Cook Biography

Full Biography

Based in St, Louis, Tanner is a member of Husch Blackwell’s Commercial Litigation group and focuses on consumer class actions, antitrust litigation, and multidistrict litigation. Tanner frequently takes the lead in drafting critical pretrial briefs, including dispositive motions and evidentiary challenges. In addition to his commercial litigation practice, Tanner regularly assists on white collar defense matters, especially in the False Claims Act context. Tanner has significant experience defending companies from qui tam whistleblower suits at every stage of the litigation process, combining his deep substantive knowledge of the law with creative defense strategies. Tanner served as law clerk at the U.S. District Court, Eastern District of Missouri, for Judge Sarah E. Pitlyk.

Additional Resources

Tanner Cook, “Loper Bright and Materiality Under the False Claims Act,” October 31, 2024

False Claims Act Insights, Episode 9, “If Everything Matters, Nothing Does: Parsing Materiality in FCA Disputes,” August 12, 2024

Gregg N. Sofer and Joseph S. Diedrich, “Landmark Supreme Court Decisions Restrain Federal Administrative Agency Power,” June 28, 2024

There are few statutory limitations on the scope of information the government can demand of private businesses, but companies should be well versed in those that do exist. Rebecca and Jonathan talk about strategies to use in shaping conversations with DOJ to limit CIDs and thus reduce the time and expense of compliance; however, DOJ is not always amenable to those discussions. In those instances, a company could decide to litigate, petitioning a court to modify or set aside the CID. Rebecca and Jonathan discuss recent litigation in this instance and explore when bringing these legal challenges makes sense.

Jonathan Porter Biography

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.

Rebecca Furdek Biography

Full Biography

A senior associate in Husch Blackwell’s Milwaukee office, Rebecca is a member of the firm’s White Collar, Internal Investigations & Compliance team and regularly helps clients navigate today’s regulatory and government enforcement landscape. Before joining Husch, Rebecca served as Counsel to the Solicitor at the U.S. Department of Labor (DOL), where she gained firsthand insight into federal agency rulemaking and administrative enforcement. Prior to her government service, Rebecca worked as an associate in the Washington, D.C. office of a global law firm, focusing on litigation and government enforcement, and began her legal career as a judicial law clerk at the U.S. District Court for the Northern District of Texas. During law school, she served as a law clerk with the U.S. Senate Judiciary Committee. In September 2024, Rebecca was elected to the partnership of Husch Blackwell, effective January 2025.

Our discussion begins with a brief primer on how the Stark Law and Anti-Kickback Statute intersect with the FCA. Jonathan and Hal then apply this framework to healthcare transactions, reviewing and building on concepts from an August 2024 article they published in Healthcare Business Today, including scenarios frequently encountered as the healthcare industry continues to consolidate and reconfigure.

The discussion then dives into a few specific lawsuits and enforcement actions to illustrate how healthcare transactions are a species all to their own with unique risk profiles and regulatory obstacles. Jonathan and Hal wrap up the episode by providing some practical suggestions for healthcare leaders who are engaged in or contemplating transactions, especially around calculating and documenting the valuation of businesses and managing communications between buyers and sellers.

Jonathan Porter Biography

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.

Hal Katz Biography

Full Biography

Based in Austin, Texas, Hal provides healthcare clients with guidance on corporate, transactional, regulatory, and public policy matters. With over 30 years in practice, he has witnessed firsthand the evolution of the healthcare industry that continues to reshape the business and approaches of healthcare delivery. He represents for-profit, nonprofit, and governmental entities, including medical groups, hospitals, technology companies, behavioral health organizations, private equity funds, academic medical centers, and health plans. Since 2011, Hal has served the American Bar Association’s Health Law Section in a variety of leadership posts— including as its Chair from 2020 to 2021—and currently serves as Chair of its Strategic Solutions Committee. Additionally, from 2017 to 2018, he chaired the Health Law Section of the State Bar of Texas. 

Will Zafirov be hugely consequential, or is it a mere constitutional curiosity? Our discussion explores the likely path forward for the case and how it could impact False Claims Act enforcement. When constitutional challenges of this scale emerge, they can appear to be jolting or sudden, but the groundwork for this case had been in the works for some time, and our discussion reveals why and how Zafirov has brought the FCA’s qui tam provisions under a constitutional spotlight.

Jonathan Porter Biography

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.

Jody Rudman Biography

Full Biography

Jody serves as the Office Managing Partner for Husch Blackwell's Austin office and leads the firm's White Collar, Internal Investigations & Compliance practice group. She also spearheads the firm’s False Claims Act working group. She has assisted clients across a wide range of industries with investigations, negotiations, mediations, pretrial matters, grand jury proceedings, civil lawsuits, criminal indictments, jury trials, sentencings and appeals. She has tried dozens of jury and bench trials in the federal and state courts, argued before the U.S. Court of Appeals for the Fifth Circuit, and appeared before the U.S. Supreme Court.

Prior to entering private practice, Jody served as a federal prosecutor for the Northern District of Texas and was appointed by the Texas Attorney General to spearhead high-profile charitable trust and healthcare litigation matters for the State of Texas.

Lorinda Holloway Biography

Full Biography

Based in Austin, Texas, Lorinda is a member of the Husch Blackwell’s Healthcare, Life Sciences and Education industry team and counsels clients on matters concerning government investigations and disputes. For more than 25 years, she has advised and represented clients in and out of the courtroom with a particular focus on the healthcare industry, including False Claims Act, Texas Medicaid Fraud Prevention Act, and qui tam related investigations and lawsuits, audits, and in business disputes in state and federal court. Her experience in healthcare has also led to the education field, including a focus on the legal challenges faced in academic medicine.

Our conversation then considers recent and pending litigation that could help healthcare and pharmaceutical industry leaders manage exposure to FCA and AKS liability, including issues related to causation, which is a key link that joins the FCA to AKS-related violations.

Jonathan Porter Biography

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.

Jim Mooney Biography

Full Biography

Jim Mooney has served as Georgia’s Deputy Attorney General of the Medicaid Fraud Division since June 2023, overseeing criminal and civil enforcement efforts related to fraud committed upon the Georgia Medicaid program. He joined Georgia’s Office of the Attorney General in 2013 and has prosecuted criminal healthcare fraud matters at both the state and federal level, including multiple jury trials. He has served as a Special Assistant U.S. Attorney in all three of Georgia’s federal districts. Jim also has extensive experience investigating and litigating civil matters brought under the Georgia False Medicaid Claims Act. Immediately prior to his appointment as Deputy, he served as the Assistant Director of the Medicaid Fraud Division. 

Kip and Jonathan then apply the materiality standard to a range of hypothetical scenarios, including disputes concerning novel areas like cybersecurity services. The conversation also dives into the broader concept of materiality and how difficult it is to apply in a standardized way across agencies, providing ample room for defense counsel to aggressively argue materiality issues in FCA litigations.

Jonathan Porter Biography

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.

Kip Randall Biography

Full Biography

Kip is a member of Husch Blackwell’s White Collar, Internal Investigations, & Compliance team and counsels corporate and individual clients through internal investigations and those embroiled in government investigations, including those with the Department of Justice (DOJ), Securities and Exchange Commission (SEC), Environmental Protection Agency (EPA) and Internal Revenue Service (IRS). He also maintains an active commercial litigation practice in a variety of matters, including class actions, business disputes, and product liability matters, among other areas.

Our discussion centers on the financial relationships that life sciences companies have with physicians and the potential risks inherent in those relationships. We dissect the Penelow case and the legal theories at play from both the relator and defense perspectives, including how they concern the use of a speaker network program and the ‘one-purpose’ theory of the Anti-Kickback Statute. We then pivot to what the Penelow verdict means for compliance programs and risk management practices.

Jonathan Porter Biography

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.

Tynan Kugler Biography

Full Biography

Tynan is a Principal with PYA, P.C., a Certified Valuation Analyst (CVA), and a frequent speaker on valuations and related topics for various healthcare organizations. Her experience includes performing fair market value compensation analyses and valuations of medical practices and ancillary service lines for a variety of physician and hospital transactions. Additionally, her experience includes valuations specific to the life sciences industry, including key opinion leader (KOL) compensation and fee-for-service arrangements. Tynan also conducts provider needs analyses and strategic market assessments. She has more than two decades of healthcare consulting experience, and prior to rejoining PYA in 2007, spent several years assisting community hospitals/healthcare systems, academic medical centers, and physician groups with strategic planning related to the development of coordinated, comprehensive cancer programs. 

Mara Smith Kouba Biography

LinkedIn Profile

Mara Smith Kouba, JD, MBA, MHA, is an attorney at Bristol Myers Squibb where she provides legal support for the company’s worldwide cardiovascular brand teams. She has spent her career developing an expertise in health and life sciences law. She is also an adjunct professor at Drexel University’s Kline School of Law, teaching courses on risk assessment and management and currently serves as the Vice Chair of Education for the American Health Law Association’s Life Sciences Practice Group, is on the Kline School of Law’s Health Law Program Advisory Board, and is a board member for the Come to Believe Network.

Their discussion kicks off with a short summary of the mechanics of government research funding and the reporting processes of the post-award monitoring phase of research. From there, the conversation turns to the various sets of rules in play across the expanse of government-funded research, including how research misconduct is defined and how compliance works in this context.

Jonathan and Karen also discuss specific recent examples of research misconduct and the lessons learned from them.

Jonathan Porter Biography

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.

Karen Courtheoux Biography

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Karen is a Chicago-based attorney on Husch Blackwell’s Education team. She handles a variety of matters for public and private institutions of higher education, including faculty, student and employment matters; research misconduct and compliance; investigations; governance questions; and federal and state litigation. Specifically, Karen has advised universities, academic medical centers, and healthcare clients on the development, implementation, and enforcement of research-related policies—including IRB, confidentiality, and conflict of interest policies—and has negotiated sponsored research agreements, data use agreements and other contracts and memoranda of understanding. More broadly, she has well over a decade of experience in private practice and as a litigator at national law firms representing clients in all stages of federal and state litigation involving commercial, trade secret, employment, consumer finance and property disputes, including appeals and class actions.

The discussion also traces Stark Law developments back to United States ex rel. Drakeford v. Tuomey Healthcare Sys., Inc., the so-called Tuomey case that has had such an enduring impact on healthcare compliance, especially concerning fair-market value calculations and employment contracts and compensation arrangements.

Jonathan, Raul, and Megan turn to regulatory compliance and the challenges faced by healthcare providers in managing the risks created by the complexities of the Stark Law. They discuss the nature of the Stark Law’s strict liability provisions, which in effect punish honest mistakes or good-faith efforts at compliance with which regulators disagree.

The discussion ultimately takes up a recent record $345 million settlement in a Stark Law case where a health system defendant’s physician compensation structures were questioned by government regulators. In the case, the defendant had sought fair-market value opinions but failed to incorporate them into their compensation agreements, which allowed the government to use the defendant’s own valuation assessments as evidence of Stark Law violations. 

Jonathan Porter Biography

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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.

Raul Ordonez Biography

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For over a decade, Raul has served on the compliance team of Jackson Health System, one of the nation’s largest public healthcare networks. In March 2022 he was named Vice President & Chief Compliance Officer, in which capacity he directs JHS’s compliance efforts system-wide, including its flagship Jackson Memorial Hospital, three community hospitals, Holtz Children’s Hospital/The Women’s Hospital at Jackson Memorial, Jackson Behavioral Health Hospital, the Christine E. Lynn Rehabilitation Center for The Miami Project to Cure Paralysis at UHealth/Jackson Memorial, two nursing homes, and a network of urgent care centers, physician practices, and clinics. Raul earned an Executive MBA in Health Management and Policy from the University of Miami, a J.D. from the University of Tennessee College of Law, and a B.A. from Swarthmore College.

Megan Phillips Biography

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For over two decades, Megan has guided hospitals and health systems, physician practices, and wellness companies on a nationwide basis through complex regulatory compliance matters, including Stark Law, Anti-Kickback Statute, False Claims Act, and associated state laws. Since 2007, Megan has concentrated the majority of her time on the Stark Law, making her one of the Husch Blackwell’s most knowledgeable attorneys on the statute. After observing years of updates and changes, she knows the law’s history and commentary inside and out and is a go-to resource for clients and colleagues alike.

Jonathan and Adam also discuss the evolution of the Department of Justice’s ability to assess the health and vigor of corporate compliance programs and to determine whether violations of law are outliers or something more problematic.

Finally, Jonathan and Adam explore best practices around internal investigations and how corporations handle allegations of wrongdoing that surface within the organization.

Jonathan Porter Biography

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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.

Adam Briggs Biography

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Adam Briggs is Associate General Counsel with United Parcel Service (UPS), the world’s leading transportation company. In his role with UPS, he manages a variety of regulatory enforcement risk areas for UPS’s global operations. Adam re-joined UPS in 2023 after four years as Chief Compliance Officer of Mayo Clinic. At Mayo Clinic, Adam led an extensive transformation of the organization’s compliance program and oversaw risk areas including data privacy, internal investigations, employee hotline, fraud prevention, third-party risk management, government contracts, and employee training. He also served on the Audit & Finance Committee of Sheikh Shakhbout Medical City, a 700+ bed hospital in Abu Dhabi, UAE. Adam previously worked for UPS from 2010 to 2019, during which time he served as UPS’s Region Compliance Officer for the Asia Pacific region, Director of Special Investigations, and lead counsel for anti-corruption, antitrust, privacy, trade sanctions & embargoes, third-party risk, and cybersecurity. Adam began his legal career with Godfrey & Kahn, a Wisconsin law firm.  He received his law degree from Georgetown University and his undergraduate degree from the University of Wisconsin-Madison.

Jonathan and Troy also discuss a possible third track for these actions, the administrative level, that can have enterprise-altering implications for government contractors, particularly if government authorities pursue disbarment, which would forbid a company from contracting with the government in the future.

Finally, Jonathan and Troy cover some due process considerations that often bear upon parallel proceedings, including the use of “stalking horse” tactics by prosecutors. They discuss case law and statutory law protections in place that can help defendants manage risk and liability in parallel civil and criminal cases. 

Jonathan Porter Biography

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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.

Troy Clark Biography

Troy currently serves as Director and Corporate Counsel for Wellstar Health System. In that role, Troy leverages his years of practical experience earned as a former trial and appellate lawyer and as a former Assistant United States Attorney, to help manage all aspects of litigation, compliance and risk management, and internal investigations for all health system entities. In addition, Troy provides practical legal advice to all health system departments to help achieve business objectives, institutional projects, mitigate risk, and provide the highest level of patient care.

Jonathan and Lorinda also take on the crucial issue of how FCA settlement discussions need to account for the defendant’s ongoing business objectives and its ability to continue doing business with the government. The Department of Justice often has a tight focus on FCA litigation, leaving parallel administrative issues or disputes to its agency clients; however, defendants should seek to gain as much clarity as possible on their ability to operate as a contractor and make those inquiries part of the larger settlement negotiation, especially as it might impact any admission of liability as part of the settlement.

Finally, Jonathan and Lorinda discuss the concept of pocket judgments, also called spring-loaded judgments, which often involves defendants that have an inability to pay the judgment in a bullet payment. Pocket judgments usually involve something akin to an installment plan, and typically, defendants also enter into a consent judgment for a higher sum of money that can be invoked by the government if the defendant fails to abide by the installment plan. 

Jonathan Porter Biography

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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.

Lorinda Holloway Biography

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Based in Austin, Texas, Lorinda is a member of the Husch Blackwell’s Healthcare, Life Sciences and Education industry team and counsels clients on matters concerning government investigations and disputes. For more than 25 years, she has advised and represented clients in and out of the courtroom with a particular focus on the healthcare industry, including False Claims Act, Texas Medicaid Fraud Prevention Act, and qui tam related investigations and lawsuits, audits, and in business disputes in state and federal court. Her experience in healthcare has also led to the education field, including a focus on the legal challenges faced in academic medicine.

Jonathan and Catherine discuss the importance of handling CIDs with care from the earliest possible juncture, including communication through counsel with government investigators that can provide valuable insight as to the scope and nature of the inquiry. The discussion follows the arc of effective CID responses, exploring why it is vital to initiate a litigation hold and to refrain from internal communications regarding the investigation, as well as how to narrow the initial inquiry through collaboration with government investigators.

Finally, Jonathan and Catherine wrap up the discussion with a brief overview of how internal investigations can provide companies with the perspectives and knowledge needed to address the concerns of government investigators.

Jonathan Porter Biography

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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.

Catherine Hanaway Biography

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Catherine is a St. Louis-based partner with Husch Blackwell’s White Collar, Internal Investigations & Compliance team and a former chair of the firm. She has successfully handled high-profile, bet-the-company, complex matters in federal court and before regulatory agencies and represents leading global and closely-held companies—as well as their officers and owners—in civil and criminal investigations and in business litigation.

Before leading Husch Blackwell as its first female chair, Catherine served as the chief federal law enforcement officer for the Eastern District of Missouri and as the only woman Speaker of the Missouri House of Representatives. As U.S. Attorney, she supervised more than 4,000 criminal, affirmative, and defensive civil cases and personally tried cases to jury verdicts. She also supervised and assisted in the development of cutting-edge theories of criminal prosecution.

Traditionally, relators, or whistleblowers, in FCA litigation, have been employees who bring fraud claims against their employers, but recent cases demonstrate that potential whistleblowers are lurking far beyond a company’s roster of employees and include vendors, consultants, customers or clients, and members of the general public.

This episode of False Claims Act Insights explores the role whistleblowers play in FCA litigation and the mechanics of how cases are filed and handled, including how companies find out whether they have been accused of fraud by a whistleblower and the government’s decision-making process in determining if and when it will intervene in the lawsuit. We talk about how whistleblowers can be current employees who take records and record conversations, leading to occasionally criminal results, and we talk about ways companies wrongfully accused by a whistleblower can sue their whistleblower for malicious prosecution. We end with some practical considerations for companies embroiled in FCA disputes that can help drive better outcomes.

Jonathan Porter Biography

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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.

Jody Rudman Biography

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Jody serves as the Office Managing Partner for Husch Blackwell's Austin office and leads the firm's White Collar, Internal Investigations & Compliance practice group. She also spearheads the firm’s False Claims Act working group. She has assisted clients across a wide range of industries with investigations, negotiations, mediations, pretrial matters, grand jury proceedings, civil lawsuits, criminal indictments, jury trials, sentencings and appeals. She has tried dozens of jury and bench trials in the federal and state courts, argued before the U.S. Court of Appeals for the Fifth Circuit, and appeared before the U.S. Supreme Court.

Prior to entering private practice, Jody served as a federal prosecutor for the Northern District of Texas and was appointed by the Texas Attorney General to spearhead high-profile charitable trust and healthcare litigation matters for the State of Texas.