Experts Weigh In On DOJ Use Of FCA To Enforce ‘Illegal DEI Practices’

Michael Granston was featured in Mealey’s Litigation Report: Insurance Fraud article, “Experts Weigh In On DOJ Use Of FCA To Enforce ‘Illegal DEI Practices.’” His commentary appears on page three.

Michael explained that the government may face significant hurdles establishing materiality in FCA cases based on DEI-related certifications, particularly under the Supreme Court’s Kousisis decision and its “essence of the bargain” standard. He also noted that, while participation in federal healthcare programs does not necessarily increase exposure to such claims, practical considerations may make some entities less willing to litigate them.