The False Claims Act as Federal Policy Enforcer: Defense Strategies for Institutions Facing Novel FCA Enforcement Threats
The current administration has made clear that it intends to aggressively deploy the False Claims Act (FCA) in non-traditional areas, to advance the policies articulated in an unprecedented wave of Executive Orders and actions. As a result, healthcare providers, educational, nonprofit, and community-based organizations receiving federal funds, as well as government contractors and grant recipients, face novel compliance risks. This program gives a practical, defense-oriented map of False Claims Act exposure in this radically changed enforcement environment
We will examine liability the elements of a FCA case, potential defenses, and the nuts and bolts of responding a FCA inquiry, including Civil Investigative Demands (CIDs), document preservation policies, and privilege assertions, as well as negotiation strategies with investigating agencies. The program analyzes recent enforcement trends, emerging case law, and the constitutional boundaries of FCA application. Attendees will also learn to identify red flags in government grant agreements, contracts, and funding arrangements, and assess organizational vulnerability to investigations and enforcement actions. Given recent trends in federal enforcement, this program aims to provide essential tools and actionable guidance for navigating a rapidly evolving set of federal enforcement challenges.
Presenters:
- Zachary A. Cunha, Partner, Nixon Peabody; Former United States Attorney, District of Rhode Island
- Kevin Love Hubbard, Counsel, Lawyers’ Committee for Rhode Island; Former Civil Chief, U.S. Attorney’s Office, District of Rhode Island
Moderated by: Amy R. Romero, Chief Legal Counsel, Lawyers’ Committee for Rhode Island; Former Assistant U.S. Attorney, District of Rhode Island
Register for December 2, 2025 CLE Program Here
Hosted by: Lawyers’ Committee for Rhode Island, Rhode Island Center for Justice, Roger Williams University School of Law
Rhode Island MCLE Credit
This program is anticipated to be approved for 1.5 Rhode Island MCLE Credits.
Special Accommodations
Persons who, because of a special need or condition, would like to request an accommodation for this event should contact the Amy Romero, Amy@dwbrlaw.com, as soon as possible, but no later than 72 business hours before the event, so that appropriate arrangements may be made.