Recent Federal Executive Actions Place Anti-Discrimination Within the FCA’s Orbit

Host Jonathan Porter welcomes Julia Kopcienski to the podcast to discuss a new Husch Blackwell report, “Legal Perspectives on Executive Order 14173, DEI, and the False Claims Act,” that explores the Trump administration’s demonstrated commitment to enforcing federal anti-discrimination laws through novel and varied mechanisms. The 30-page report was written by a multidisciplinary team of lawyers, drawing from the firm’s Government Contracts; White Collar, Internal Investigations, and Compliance; Labor & Employment; and Higher Education practice groups. In it, readers will get practical perspectives on how to (1) understand and recognize what employment, procurement, and educational policies and practices may now be considered “illegal;” (2) identify issues for self-review and/or assistance from outside counsel; and (3) be aware of and prepare for novel federal civil and criminal enforcement mechanisms.The conversation discusses how the Trump administration’s use of the FCA and qui tam litigation departs from prior anti-discrimination enforcement efforts and then pivots to consider some of the legal liabilities faced by government contractors vis-à-vis their DEI initiatives. Jonathan and Julia unpack how express certifications work in this context and what contractors—and their legal counsel—need to think about as enforcement in this area ramps up.Jonathan Porter | Full BiographyJonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers, where he uses his experience as a former federal prosecutor to guide clients in sensitive and enterprise-threatening litigation. At the Department of Justice, Jonathan earned a reputation as a top white-collar prosecutor and trial lawyer and was a key member of multiple international healthcare fraud takedowns and high-profile financial crime prosecution teams. He serves as a vice chair of the American Health Law Association’s Fraud and Abuse Practice Group and teaches white collar crime as an adjunct professor of law at Mercer University School of Law.Julia Kopcienski | Full BiographyJulia works on a broad range of white collar and government contracts matters, supporting clients through the entire contracting lifecycle, from bidding, award, and administration to potential federal investigation and prosecution. Julia advises clients on FAR and DFARS compliance and contract administration matters, including complex claims and disputes. She defends contractors, commercial firms, and individuals against allegations of False Claims Act violations, healthcare fraud, government contracting fraud, accounting and tax fraud, securities fraud, FINRA and SEC regulatory violations, racketeering, wire and mail fraud, money laundering, and other wrongdoing. She has represented clients before DOJ headquarters and regional offices, the SEC, FINRA, state Attorney Generals’ offices, and other regulatory and enforcement agencies.