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Saturday, March 7, 2026

Recent Decisions Quashing DOJ Administrative Subpoenas Provide a Roadmap for Companies Facing DEI-Focused False Claims Act Investigations - WilmerHale

The US Department of Justice (DOJ) has reportedly launched False Claims Act (FCA) investigations related to corporate diversity, equity, and inclusion (DEI) practices, raising the stakes for companies seeking to manage DEI legal risks in a challenging enforcement environment.1 While companies could face significant possible exposure in these DEI investigations, recent court decisions arising from other DOJ investigations brought under novel legal theories offer a roadmap for companies as they evaluate their options, including potential litigation. In particular, a series of decisions quashing administrative subpoenas issued to hospitals relating to the provision of gender-affirming care provide strong precedent for seeking to set aside civil...



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