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Little v. Shell - bad news for government contractors

Wiley Rein LLP
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USA
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August 6 2012

On July 31, in United States ex rel. Little v. Shell Exploration and Production Company, the Fifth Circuit ruled that a federal employee is a "person" capable of bringing a whistleblower action under the False Claims Act

The Fifth Circuit rules that government employees can blow the whistle on alleged False Claims Act violations

Wiley Rein LLP
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USA
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August 3 2012

Earlier this week, in United States ex rel. Little v. Shell Exploration and Production Company, the Fifth Circuit ruled that a federal employee is a "person" capable of bringing a whistleblower action under the False Claims Act (FCA

Case study: US v. SLM

Wiley Rein LLP
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USA
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November 17 2011

On Nov. 4, 2011, the United States Court of Appeals for the District of Columbia Circuit held that under the False Claims Act's "first-to-file" rule, 31 U.S.C. 3730(b)(5), a qui tam complaint need not meet the heightened pleading standard of Federal Rule of Civil Procedure 9(b) to potentially bar a later-filed qui tam complaint

Whistleblowers' FOIA info: going down

Wiley Rein LLP
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USA
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May 23 2011

Recently, the U.S. Supreme Court decided in a 5-3 ruling that whistleblowers cannot rely on documents obtained through the Freedom of Information Act when bringing qui tam actions under the False Claims Act

Parasitic whistleblower rides Schindler Elevator to the top only to be shot down by the Supreme Court

Wiley Rein LLP
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USA
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May 17 2011

Yesterday, the Supreme Court decided in a 5-3 ruling that whistleblowers cannot rely on documents obtained through the Freedom of Information Act (FOIA) when bringing qui tam actions under the False Claims Act (FCA

D.C. Circuit rejects FCA liability for a company's "collective knowledge"

Wiley Rein LLP
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USA
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December 7 2010

On December 3, 2010, a federal appellate court in Washington, DC, ruled that a major government contractor could not be held liable for conflicts of interest based on the collective knowledge of the contractor's employees

Are qui tam actions based on FOIA disclosures parasitic? The issue worms its way up to the Supreme Court

Wiley Rein LLP
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USA
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October 1 2010

Earlier this week, the Supreme Court granted a petition for a writ of certiorari to decide whether whistleblowers can rely on documents obtained through the Freedom of Information Act (FOIA) when bringing qui tam actions under the False Claims Act (FCA

Civil investigative demands - a new rule expands prosecutors' power to depose witnesses and issue interrogatories in False Claims Act investigations

Wiley Rein LLP
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USA
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March 24 2010

The Department of Justice (DOJ) is publishing a new rule today that gives a broad range of prosecutors the power to take sworn witness testimony and seek sworn written answers to interrogatories in False Claims Act (FCA) investigations before making a decision whether the Government will intervene in the litigation

Supreme Court puts some distance between the government and qui tam relators in False Claims Act litigation

Wiley Rein LLP
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USA
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June 8 2009

The Supreme Court ruled today in a case involving the False Claims Act (FCA), denying qui tam relators one of the procedural benefits afforded to the federal government in FCA litigation