Author: Max Eisenberg

While the federal False Claims Act (FCA) is the “Lincoln Law” that sets the national standard, a quiet revolution has taken place across state capitals. Today, nearly 30 states and the District of Columbia have enacted their own False Claims Acts. These state-level statutes are not just mirrors of the federal law; they are potent...

The US Department of Health and Human Services (HHS) has recently signaled a significant shift in its enforcement priorities regarding whistleblower cases, particularly those involving fraud, waste, and abuse within federal healthcare programs. This heightened focus underscores a commitment to protecting taxpayer dollars, ensuring patient safety, and maintaining the integrity of the healthcare system. For...

In the world of medical law, we often talk about “upcoding” or “billing for services not rendered.” But there is a much darker corner of the False Claims Act reserved for cases so egregious that the government argues the care provided wasn’t just bad—it was legally non-existent. On February 12, 2026, this “Worthless Care” theory...

While headlines often chase billion-dollar settlements, the most significant legal battles usually happen in the quiet of a judge’s chambers, far before a single cent is paid. In the world of government fraud and whistleblower law, that battle is currently raging in a Philadelphia federal court. On February 10, 2026, Judge Chad F. Kenney of...

The hum of traffic, the open road stretching ahead – it’s a quintessential American experience. But beneath the tires, supporting that journey, lies a complex and meticulously engineered material: asphalt. Ensuring the quality of this material isn’t just about a smooth ride; it’s about safety, durability, and the responsible use of taxpayer dollars. That’s why...

The False Claims Act (FCA) has been the federal government’s most potent weapon against fraud since the Civil War. Often called “Lincoln’s Law,” it was originally designed to stop unscrupulous contractors from selling the Union Army sawdust instead of gunpowder. But as we move through 2026, the “sawdust” of the modern era isn’t a physical...

In the complex world of white-collar law enforcement, the Department of Justice (DOJ) has long played the role of the “heavy hitter,” bringing criminal charges where other agencies might only levy civil fines. However, for years, there was a glaring imbalance: while the SEC and CFTC could offer whistleblowers life-changing financial rewards, the DOJ could...

The moment an employee discovers systemic wrongdoing within their organization—whether it be financial fraud, safety violations, or environmental hazards—a ticking clock begins. This clock doesn’t just measure the time until the truth comes out; it measures the narrow window in which the employee must protect their career, their finances, and their legal standing. When a...

The case of United States et al. ex rel. Schutte et al. v. SuperValu Inc. et al, 598 U.S. 739 (2023), is not just a story of pharmacy overcharging; it is the most significant Supreme Court ruling on the False Claims Act (FCA) in a generation. The Core Dispute: What is “Usual and Customary”? The...

In the complex machinery of the American healthcare system, trust is the primary lubricant. We trust that when a doctor writes a prescription, it is necessary. We trust that when a pharmacy bills the government, it has actually provided a service. However, a landmark whistleblower case settled in late 2024 (and finalized for public record...