This is the sixth installment in our 2026 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting one additional installment in the series on international trade enforcement. Our previous post, Congressional Investigations: 2026 Year in Preview, can be found here.

The False Claims Act (“FCA”) has long served as the federal government’s workhorse for fraud investigations and enforcement. Perhaps more than any time in recent years, the executive branch writ large continues to signal that (1) it understands the potential breadth of the FCA as an investigations and enforcement tool for the government and whistleblowers, and (2) it plans to wield all available tools – including the FCA – to accomplish its stated priorities. Given the significant airtime expended nationally on the current administration’s likely use of the FCA, whistleblowers and their attorneys have also signaled a strong desire to identify and pursue state and federal FCA litigation.

We anticipate a continued steady flow of health care and life sciences FCA investigations, as well as robust use of the FCA and its related investigatory tools (e.g., compulsory process) in: the trade, tariff, and customs space; in connection with investigations surrounding diversity, equity, and inclusion practices alleged to be discriminatory by the government or purported whistleblowers; and government contracting and cybersecurity. We also expect that...

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