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Results: 1-10 of 10

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

  • Wiley Rein LLP
  • -
  • USA
  • -
  • 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

Fraud Enforcement and Recovery Act signed into law May 20, 2009

  • Wiley Rein LLP
  • -
  • USA
  • -
  • May 22 2009

The potential for fraud prosecutions and civil actions related to funding under the American Recovery and Reinvestment Act of 2009 (Recovery Act) or the False Claims Act (FCA) has increased significantly with the President's signing of the Fraud Enforcement and Recovery Act (S. 386) (the Act) on May 20, 2009

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

  • Wiley Rein LLP
  • -
  • USA
  • -
  • 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

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

  • Wiley Rein LLP
  • -
  • USA
  • -
  • 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

Whistleblowers' FOIA info: going down

  • Wiley Rein LLP
  • -
  • USA
  • -
  • 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

Case study: US v. SLM

  • Wiley Rein LLP
  • -
  • USA
  • -
  • 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

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

  • Wiley Rein LLP
  • -
  • USA
  • -
  • 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

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

  • Wiley Rein LLP
  • -
  • USA
  • -
  • 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

Little v. Shell - bad news for government contractors

  • Wiley Rein LLP
  • -
  • USA
  • -
  • 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

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

  • Wiley Rein LLP
  • -
  • USA
  • -
  • 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