Justice Department Signals Big Change for Whistleblower Fraud Cases, Corporate Counsel

Corporate Counsel cited a Morgan Lewis Government Contractor Guidebook blog post by partner Alex Hastings and associate Moshe Klein in an article examining the US Department of Justice's (DOJ's) new expedited review process for certain False Claims Act (FCA) whistleblower cases involving federally funded, state-administered benefits programs.

The article explores how the policy is expected to accelerate the DOJ’s decisions on intervention, shorten seal periods, and prompt earlier litigation. Citing Alex and Moshe’s analysis, the publication noted that “[t]he result could be significantly shorter seal periods and earlier litigation milestones for defendants.” The article also highlighted the authors’ observation that the accelerated timeline may make relator-led FCA litigation more attractive, potentially increasing the number of whistleblower actions filed.

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