As we enter a new decade of False Claims Act enforcement, there is scant evidence of any marked slowdown in either the volume of FCA cases or the opportunities for new and expansive theories of FCA liability.

Traditional FCA cases targeting the healthcare, defense, and government contractor communities are likely to continue apace, even as courts continue to grapple with the meaning of Escobar, the Justice Department flexes its dismissal authority muscles in qui tam cases, and parties debate the propriety of statistical sampling. But amidst these ongoing themes, the next waves of FCA activity—both at the federal and state levels—are building and signaling even more potential exposure and active litigation. We highlight four emerging trends here.

  1. FCA cases arising out of antitrust investigations 

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