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Insurance Coverage Considerations for False Claims Act Investigations and Settlements
Morgan Lewis – Over the last year, beyond traditional healthcare and federal procurement matters, the government has pursued federal False Claims Act (FCA) investigations and enforcement across high-risk areas, including diversity, equity, and inclusion (DEI)-related representations, cybersecurity vulnerabilities in products or services provided to federal agencies, and alleged tariff evasion or customs misstatements. As enforcement expands, companies are increasingly assessing whether insurance coverage may help defray the costs of FCA investigations and settlements.