In an article for Law360, litigation & enforcement partner Andrew O'Connor discussed the potential impact of a second Trump administration on the False Claims Act and its qui tam whistleblower provisions. While "everybody is recognizing that there may not be a precedent for this particular transition," Andrew noted, "there are ways that even the Trump administration could be looking to take credit for an active enforcement regime in the False Claims Act space." He also added that incoming Department of Justice (DOJ) officials may become "more muscular" in their interactions with relators' counsel, given "in the last Trump administration, the DOJ was pretty clear that self-regulatory guidance, guidance documents … weren't binding and shouldn't be the basis for enforcement."
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