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January 25, 2018

In the News Today – January 25, 2018

A memo sent by Associate Attorney General Rachel Brand may signal “lighter enforcement of the government’s informal policy views,” writes Law360.

In the memo, Brand said the Department “may not use its enforcement authority to effectively convert agency guidance documents into binding rules.” John Richter, a partner a King & Spalding, said government attorneys have often used “nonbinding guidance” in litigation, which has resulted in “companies paying very, very large settlements.”

The article notes that the memo, along with a memo from earlier this month specifically on False Claims Act enforcement, may be part of Attorney General Jeff Sessions’ desire to end “regulation by guidance.” 

The Federalist Society will host a teleforum on the False Claims Act memo on February 1st from 3:00 – 4:00 p.m. More information can be found here.

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