False Claims Act Insights

Host Jonathan Porter welcomes Husch Blackwell partner Drew Canning to discuss False Claims Act risk from the boardroom perspective. While most FCA episodes focus on legal theories, enforcement trends, or specific cases, this conversation examines the strategic and operational decisions that boards and executives make every day—decisions that can either prevent FCA exposure or inadvertently create...

Host Jonathan Porter welcomes Husch Blackwell’s  Kip Randall and  Abe Souza for a mid-year False Claims Act update, following up on a similar  blog post that Kip, Abe, and Jonathan wrote with the leader of Husch Blackwell’s white collar group, Jody Rudman. With significant developments in DOJ’s enforcement infrastructure, certification theories, and the evolving role of whistleblowers, Kip and Abe...

Host  Jonathan Porter welcomes Husch Blackwell senior counsel  Robert Hess to discuss a groundbreaking  Ninth Circuit decision that expands False Claims Act exposure in the 340B drug pricing program . With the Adventist Health case challenging long-held assumptions about FCA liability in the 340B context, Rob provides essential guidance for manufacturers, covered entities, contract pharmacies, and...

Host  Jonathan Porter welcomes back  Jody Rudman , who heads up Husch Blackwell’s white collar practice group, to the podcast to discuss the intersection of criminal and civil healthcare fraud enforcement. With the Department of Justice announcing another massive healthcare fraud takedown last month, Jody provides critical insights into how criminal prosecutions and False Claims Act enforcement wo...

Host  Jonathan Porter welcomes Bryan Nowicki , leader of Husch Blackwell’s hospice practice group and host of the Hospice Insights podcast, to discuss the recent wave of hospice fraud enforcement. With hospice fraud dominating headlines in recent months, Bryan shares insights on how massive fraud schemes are impacting the industry and why legitimate providers face collateral damage. We begin with...

Host  Jonathan Porter welcomes Sean Weiss from DoctorsManagement, LLC to the podcast to discuss the rapidly evolving healthcare compliance landscape. With healthcare representing 83% of False Claims Act settlement and judgment dollars last year, Sean shares insights on how AI, telehealth, and changing enforcement tactics are reshaping compliance risks for providers. We begin by examining AI docume...

Host  Jonathan Porter welcomes Husch Blackwell partner  Tim Ribelin to the podcast to discuss False Claims Act enforcement trends in managed care. Fresh off presenting at the American Conference Institute’s managed care conference, Tim shares insights on why 2025 was a watershed year for FCA enforcement. We begin by examining the dramatic spike in FCA enforcement, with record settlements that larg...

Host  Jonathan Porter welcomes Husch Blackwell partner  Kate Ledden to the podcast to discuss the often-contentious issue of relators’ attorneys’ fees in False Claims Act cases. With fee awards sometimes reaching millions of dollars, this topic has significant financial implications for defendants and raises important questions about what constitutes “reasonable” compensation for qui tam counsel....

Host  Jonathan Porter  welcomes Husch Blackwell’s  Hal Katz back to the podcast to discuss best practices for structuring physician compensation arrangements and navigating the complex compliance landscape surrounding healthcare referrals. Fresh off presenting at the American Association of Orthopaedic Executives (AAOE) conference, Hal and Jonathan share insights on how healthcare organizations ca...

Host  Jonathan Porter  welcomes Husch Blackwell’s  Abe Souza to the podcast to discuss the recent oral arguments in the Janssen Products case before the Third Circuit Court of Appeals. The case involves a previously discussed staggering $1.6 billion district court judgment against the pharmaceutical company based on allegations of improper off-label marketing and reimbursement practices related to...

Host  Jonathan Porter  welcomes Husch Blackwell’s  Tanner Cook back to the podcast to discuss the recent spike of DOJ dismissals of improper qui tams under 31 U.S.C. § 3730(c)(2)(A). This episode is a follow-up of our  last podcast , in which Husch Blackwell partner  Cormac Conner discussed how qui tam dismissals increased by around 400% in 2025.  We begin by addressing common misconceptions about...

Host  Jonathan Porter  welcomes Husch Blackwell partner  Cormac Conner back to the podcast to discuss  DOJ’s recent release of last fiscal year’s False Claims Act statistics , along with  recent public statements by a senior DOJ official who oversees False Claims Act enforcement . DOJ’s statistics and public statements show that qui tams are hitting record numbers and DOJ is taking a much more act...

Host  Jonathan Porter  welcomes back Husch Blackwell partner  Lorinda Holloway to the podcast to discuss how organizations become liable for false claims by their employees. We begin by discussing how vicarious liability holds employers responsible for employees' actions, though this principle does not always apply directly to punitive laws like the False Claims Act.  We talk about the courts’ two...

Host  Jonathan Porter welcomes Husch Blackwell partners  Rebecca Furdek and Todd Gee back to the podcast to discuss the growing amount of enforcement under various state-level False Claims Acts, and the recent  Risk Management Magazine article that Rebecca and Todd have written on the subject. Our conversation starts with an overview of state False Claims Acts and how the use of FCA varies from st...

Host  Jonathan Porter welcomes Husch Blackwell partner  Jody Rudman back to the podcast to discuss recent oral arguments in an appeal into whether the False Claims Act’s qui tam provisions are unconstitutional. Our conversation starts with an overview of qui tams and the role whistleblowers play in the False Claims Act litigation process. We examine the unique role that whistleblowers can play—sta...

Jonathan Porter welcomes colleague Claire Postman to discuss how healthcare providers approach HIPAA when responding to civil investigative demands in False Claims Act investigations. Jonathan explains that providers often feel tension between meeting the requirements of a CID and complying with HIPAA. Claire begins by outlining HIPAA’s general prohibition on disclosing protected health informatio...

Host  Jonathan Porter  welcomes Julia Kopcienski to the podcast to discuss a new Husch Blackwell report, “ Legal Perspectives on Executive Order 14173, DEI, and the False Claims Act ,” that explores the Trump administration’s demonstrated commitment to enforcing federal anti-discrimination laws through novel and varied mechanisms. The 30-page report was written by a multidisciplinary team of lawye...

Host  Jonathan Porter  welcomes Brett McNeal and David Traskey to the show to discuss challenges associated with interpreting agency guidance—particularly advisory opinions from the Department of Health and Human Services’ Office of Inspector General (HHS-OIG)—as it relates to regulatory compliance in the healthcare industry. The conversation begins with a review of “first things,” or the short li...

Host  Jonathan Porter welcomes the Coker Group’s Andy Sobczyk to the podcast to discuss the risks and opportunities associated with implementing artificial intelligence (AI) solutions in the healthcare industry. The conversation kicks off with a consideration of AI in the area of clinical decision support, where AI platforms can potentially enhance a healthcare provider’s delivery of care. Jonatha...

Host  Jonathan Porter welcomes Husch Blackwell partner  Todd Gee to the program to discuss why establishing a good working relationship with the Department of Justice is important and how to accomplish that while remaining a fierce advocate for your client. The conversation begins with a short recap of DOJ structure and the lines of supervision between line attorneys—assistant U.S. Attorneys and M...

Host  Jonathan Porter welcomes back to the show Husch Blackwell attorney Tanner Cook to talk about the trial penalties associated with False Claims Act (FCA) litigation. The conversation begins with a short summary of how damages are tallied and awarded in the FCA context and how these can quickly accrue into an enormous sum of money. Jonathan and Tanner then dive into why FCA trials are the excep...

Host  Jonathan Porter  welcomes back to the show Husch Blackwell attorney  Abe Souza to discuss False Claims Act (FCA) enforcement in the pharmacy context. Pharmacies face multiple pressures, from disruptive online enterprises that threaten brick-and-mortar profitability to heightened regulatory vigilance concerning opioids. As pharmacies contemplate how to tweak business models to operate more pr...

Host  Jonathan Porter  welcomes to the show Husch Blackwell partner  Brian Flood to discuss how newly appointed personnel in the Trump administration could impact False Claims Act (FCA) enforcement for the remainder of 2025 and beyond.  Jonathan and Brian begin by discussing the departure from the Department of Justice of Michael Granston, the former deputy assistant attorney general for the Comme...

Host  Jonathan Porter  welcomes to the show Husch Blackwell partner  Bryan Nowicki , a Madison-based member of the firm’s Healthcare group, to discuss payment suspensions involving the Centers for Medicare & Medicaid Services (CMS) and various state-level agencies, especially in the context of a government investigation. Even when temporary, these payment suspensions—literally, a turning off of go...

Host  Jonathan Porter welcomes to the show Husch Blackwell attorney  Brandon Hall , a St. Louis-based member of the firm’s Healthcare group, to discuss how the Department of Justice’s reshuffling of priorities could lead to a greater focus on healthcare fraud enforcement. Jonathan and Brandon begin by exploring Brandon’s career prior to entering private practice, when he served as a sales represen...