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False Claims Act Trends and Expectations for 2026
Foley Hoag – The False Claims Act (“FCA”) has long served as the federal government’s workhorse for fraud investigations and enforcement. Perhaps more than any time in recent years, the executive branch writ large continues to signal that it understands the potential breadth of the FCA as an investigations and enforcement tool for the government and whistleblowers, and it plans to wield all available tools – including the FCA – to accomplish its stated priorities. Given the significant national airtime devoted to the current administration’s likely use of the FCA, whistleblowers and their attorneys have also signaled a strong desire to identify and pursue state and federal FCA litigation.