Proskauer Rose LLP

2026 has opened with unmistakable signals that False Claims Act (“FCA”) enforcement in the health care sector is accelerating. On January 16, 2026, the Department of Justice (“DOJ”) announced a record-breaking $6.8 billion in FCA settlements and judgments for fiscal year (“FY”) 2025—the largest annual total in the statute’s history and roughly a 120% increase

On April 14, 2026, United States Magistrate Judge Tim A. Baker for the United States District Court for the Southern District of Indiana (the “Court”) entered an order in connection with certain unresolved discovery disputes in White v. Walmart, Case No. 25-cv-01120, finding Plaintiff’s counsel’s “exclusive reliance” on AI to identify discovery deficiencies in Defendant’s

Quick Hit:  On April 24, 2026, the Department of Justice intervened in a lawsuit filed by xAI, a company owned by Elon Musk, challenging the Colorado Artificial Intelligence Act (the “AI Act”).  If successful, the effort could prevent or delay the implementation of the AI Act, which is set to take effect on June 30, 2026.

Key Takeaway:  

On March 20, 2026, the White House announced a comprehensive national legislative framework (the “Framework”) that tracks with its December 2025 AI Preemption Executive Order and its July 2025 AI Action Plan and takes aim at hot-button AI policy topics such as child safety and privacy, AI training and copyright, liability protections and preemption of state