Foley Hoag’s False Claims Act Defense and Higher Education lawyers will share an in-depth discussion of the latest False Claims Act developments, specifically as they relate to academic institutions & companies and the new DEI certification requirements.

The landscape for organizations doing business with the federal government has changed dramatically since January 2025 and continues to evolve near-daily. Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” introduced sweeping new compliance obligations for federal contractors and grant recipients, and the Department of Justice’s Civil Rights Fraud Initiative—launched in May 2025—is now using the False Claims Act to pursue enforcement actions against recipients of federal funds. Major corporations have reportedly received civil investigative demands (CIDs) for documents and information about their workplace DEI programs. The DOJ recovered a record-shattering $6.8 billion in FCA cases in 2025-signaling it has both the appetite and capacity for aggressive enforcement.

This effort has not gone unchecked. Litigants have seen some success challenging federal DEI certifications, including in the higher education context. On the other hand, the Fourth Circuit recently upheld the Executive Order’s certification requirement. As organizations assess the certification provisions they have signed or are contemplating signing now, they may wonder—is the certification enforceable and how real is the False Claims Act threat?

In this one-hour session, Foley Hoag’s False Claims Act Defense and Higher Education attorneys will address the developments that matter most to companies and education institutions navigating this new enforcement environment, including:

• The DOJ’s Civil Rights Fraud Initiative and enforcement strategy: What CIDs and investigations tell us about DOJ’s legal theories and priorities
• The litigation landscape: Key rulings including NADOHE v. Trump, vacatur of the Title VI certification, and ongoing constitutional challenges
• The GSA’s proposed SAM.gov certification requirements: What the new language may require and how to prepare
• Materiality under the FCA: The Escobar standard and what it means for DEI-related claims
• Practical guidance for compliance and response: How to assess DEI programs, document good-faith compliance, address complaints or reports from insiders, and respond to government inquiries

CLE language: CLE credit for this course is available in New York and California. This program is offering 1.0 Areas of Professional Practice Credit(s) in NY, and 1.0 General Credit(s) in CA. The program is appropriate for both newly admitted attorneys and experienced attorneys. Please contact us for details.