False Claims Act Playbook

On March 26, 2026, President Trump signed a sweeping Executive Order titled “Addressing DEI Discrimination by Federal Contractors” (the EO) that attaches binding contractual consequences to diversity, equity, and inclusion (DEI) practices in federal contracting. By April 25, 2026, federal contractors, subcontractors, and lower-tier subcontractors should expect to be required to agree—as a term of their contracts—not to engage in “racially discriminatory DEI activities,” to open its books and records to government compliance audits, and to acknowledge that any violation is material to the government’s decision to pay—a critical element for False Claims Act (FCA) enforcement. In this blog, Winston lawyers analyze the new EO and weigh potential implications for contractors. 

The annual False Claims Act (FCA) recovery statistics issued by the U.S. Department of Justice (DOJ) for Fiscal Year 2025 represent the highest single-year recovery in FCA history, underscoring that the FCA remains one of the government’s most effective tools for combating frauds involving federal funds. Winston attorneys outline expectations for FCA enforcement in 2026 and beyond based on an analysis of FY 2025 FCA activity and the priorities and goals of the current administration.