Executive Summary

• What’s new: In recent remarks, a key DOJ official signaled continued aggressive False Claims Act enforcement, with priorities including health care, trade fraud, antidiscrimination and increased use of data analytics to identify potential violations.
• Why it matters: These developments are relevant to health care entities, federal contractors and importers, as the DOJ views the FCA as a flexible tool for emerging enforcement priorities, heightening the need for effective internal controls.
• What to do next: Companies should consider evaluating compliance programs to ensure they are robust, including conducting proactive internal reviews and risk assessments, and preparing for evidence-based discussions with the government to address potential exposure.

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At the Federal Bar Association’s (FBA’s) 2026 Qui Tam Conference, Brenna Jenny, deputy assistant attorney general for the Commercial Litigation Branch of the Department of Justice (DOJ) Civil Division, highlighted several themes likely to shape False Claims Act (FCA) investigations and settlements in the year ahead. For companies doing business directly or indirectly with the federal government, these remarks make clear that the DOJ views the FCA as a flexible tool for emerging enforcement priorities, heightening the need for effective internal controls and proactive risk assessment.

Below, we summarize key trends and practical takeaways for companies doing business with the federal...

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