Market Intelligence

Crowell & Moring attorneys Jason Crawford, Agustin Orozco, and Jeff McSorely explore the Health Care False Claims Act Self-Disclosure Pilot Program, a groundbreaking initiative that enables healthcare providers, suppliers, manufacturers, and payors to voluntarily report potential civil FCA violations. The discussion examines how this program works and what it means for healthcare entities seeking to proactively address compliance issues.

Federal marijuana rescheduling faces continued legal challenges as opponents push for additional hearings while the DEA moves forward with Schedule III registration applications. Meanwhile, court briefing schedules extend into 2027, and a Detroit Lions player successfully challenges an NFL fine related to cannabis gestures in states where marijuana is legal.

October 2026 brought pivotal shifts in federal energy policy as stakeholders mobilized around the Senate's Bipartisan American Affordability and Jobs Act while the Trump administration's actions on renewable projects tested bipartisan consensus. The Department of Energy designated helium as a critical material amid supply disruptions and committed over $14 billion in nuclear financing, while House Democrats escalated investigations into politically-motivated grant terminations that could reshape oversight a

The Office of the Comptroller of the Currency (OCC) is taking aim at another potential source of state regulatory interference with federally chartered financial institutions. In an October 29, 2026 letter to the Chair of the California Air Resources Board (CARB), Comptroller of the Currency Jonathan Gould urged California to exempt national banks and federal savings associations from two California climate-disclosure statutes. The OCC contends that applying these laws to federally chartered institutions would create substantial compliance burdens, interfere with the OCC’s supervisory responsibilities, disrupt banking relationships, and raise significant federal preemption and constitutional concerns.

The U.S. Treasury's Office of Foreign Assets Control has issued General License 135, temporarily easing sanctions on Russian diesel fuel imports while simultaneously designating the International Criminal Court to the SDN List. These developments, coupled with President Trump's waiver of Graham Act sanctions, signal a notable shift in U.S. sanctions policy toward Russia and international institutions.

The U.S. Treasury has proposed sweeping changes to outbound investment restrictions that would prohibit investments in any "super intelligence" development, add biotechnology prohibitions, and expand coverage to hypersonics and additional countries. Asset managers face new obligations for notifiable transactions, stricter diligence requirements, and potential penalties exceeding investment amounts, as demonstrated by Treasury's first $200,000 enforcement action against a $92,000 fund investment.