Data miner whistleblowers, increasingly armed with artificial intelligence (AI) tools, are already reshaping how False Claims Act (FCA) theories are built, generated, and litigated. The Department of Justice’s (DOJ) April 2026 announcement of the Fraud Oversight through Careful Use of Statistics (FOCUS) initiative, which will strengthen relationships with data miner relators who have developed
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California’s Corporate Practice Crackdown: What Carbon Health, Aspen Dental, and SB 351 Mean for Healthcare Investors and Operators
California has long maintained one of the country’s most stringent prohibitions against the corporate practice of licensed professions, including medicine and dentistry. Under that doctrine, only licensed professionals may own and operate their practices. So, to participate in the practice, non-professional investors have historically utilized the so-called “friendly PC” model in which a management services…
Paper Compliance Versus Economic Reality: Physician Contracting Lessons for Hospitals and Health Systems from a Recent False Claims Act Case
A recent False Claims Act (FCA) ruling out of Tennessee offers a pointed reminder for hospitals and health systems: physician contracts that appear compliant on paper can still create serious enforcement risk if the economics tell a different story. In denying motions to dismiss FCA claims involving Erlanger Health System (Erlanger), the federal court allowed…
AI-Enhanced Misappropriation: When Departing Employees Leave with More Than Just Client Lists
Consider the scenario: a higher-up employee uploads six months of internal strategy documents into a generative AI tool, generates a ten-page competitive playbook synthesizing the company’s pricing models, customer relationships, and go-to-market plans, and resigns the next morning. Nothing was forwarded, downloaded, or copied in the traditional sense—but the employer’s most valuable information just walked…
New Year, New AI Rules: Healthcare AI Laws Now in Effect
As healthcare organizations ring in 2026, they will also be ringing in a new era of AI regulation. With Congress yet to pass comprehensive AI legislation and federal regulatory guidance in flux, states have stepped in to fill the void. The new year will see several new laws imposing disclosure, transparency, and data protection requirements…
Social Media Scrutiny: What the New H-1B and H-4 Visa Policy Means for Your Workforce
Beginning December 15, 2025, the U.S. Department of State (DOS) will significantly expand its social media screening practices to include all H-1B Nonimmigrant Worker visa applicants and their H-4 dependents applying for visas at U.S. Embassies and Consulates abroad. The H-1B visa allows U.S. employers to temporarily hire foreign workers for professional jobs that require specialized…
AI in Hiring: Emerging Legal Developments and Compliance Guidance for 2026
AI isn’t just on the horizon—it’s already screening millions of resumes, scoring video interviews, and ranking candidates in HR systems across America. In 2024 alone, AI-powered hiring tools processed over 30 million applications while triggering hundreds of discrimination complaints. As these tools become more prevalent, lawmakers, regulators, and attorneys are responding rapidly. The result is…
Back to Basics: The 2025 Employment Law Playbook
The employment law landscape has seen widespread changes on the federal and state levels in recent years. In light of what is poised to be years of even more changes, now is an opportune time to re-examine the basics of a compliant workplace. This post will keep companies ready for whatever comes next by providing…
Navigating Use of Generative AI at Work: Best Practices and Legal Considerations
In today’s fast-evolving digital landscape, generative artificial intelligence (AI) has become a powerful tool that employees increasingly rely on for a variety of tasks. From drafting emails and producing reports to generating creative content and analyzing data, these technologies are reshaping how work gets done. As organizations integrate AI into their daily operations, employers face…
Trump’s NLRB Break-Up: A Valentine’s Day Shake-Up For Employers
The Trump administration just made a significant move in reshaping federal labor law by beginning the process of undoing the labor policies put in place under the Biden administration. On February 14, 2025, National Labor Relations Board (NLRB) Acting General Counsel William Cowen issued General Counsel Memorandum 25-05 (GC 25-05), which rescinded 31 general counsel…