Brian Dunphy Talks False Claims Act Enforcement Trends in Law360

Complex Litigation partner Brian Dunphy was quoted in the Law360 article, “What To Watch in Mass. Courts in the Second Half of 2025,” discussing emerging federal enforcement priorities under the Trump administration.

Dunphy highlighted the administration’s use of the False Claims Act (FCA) to challenge DEI initiatives at institutions that receive federal funding, cautioning that huge institutions that rely on grant funding, including universities and hospitals, would have to certify that they comply with the law to keep the federal spigot flowing and face an FCA claim if the government says their certification is not accurate.

With Massachusetts home to many federally funded institutions, Dunphy noted that litigation in this area may surface. “This is clearly an area of interest for the government,” he said. “But just because the government has expressed an interest in using the False Claims Act regarding civil rights laws, doesn’t mean those claims are necessarily viable.”

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