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402 results found

Article

Mishcon de Reya LLP | United Kingdom | 24 Apr 2017

FCA imposes a fine for disclosure of client confidential information over Whatsapp

The FCA has imposed a fine of £37,198 on Christopher Niehaus, a managing director at Jeffries International Limited for disclosing client

Article

Katten Muchin Rosenman LLP | USA | 31 Mar 2017

Investment Association Consults on New Code for Charges and Transaction Costs Disclosure

On March 27, the Investment Association (IA), the UK investment management trade association, opened a consultation on a new code (Code) for enhanced

Article

McDermott Will & Emery | USA | 8 Aug 2016

Ninth Circuit Rejects Qui Tam Relator’s Original Source Claim

On July 27, 2016, a three-judge panel of the Ninth Circuit Court of Appeals in California issued a ruling in United States ex rel. Hastings v. Wells

Article

McDermott Will & Emery | USA | 8 Jul 2016

First Circuit Rejects FCA Suit On Public Disclosure Grounds

On June 30, 2016, a three-judge panel of the First Circuit Court of Appeals in Boston issued a ruling in United States ex rel. Winkelman and

Article

Proskauer Rose LLP | USA | 13 Jul 2011

False Claims Act lawsuit was barred by public disclosure of records

Daniel Kirk, a former employee of Schindler Elevator Corporation, filed this lawsuit under the False Claims Act (“FCA”), alleging Schindler had submitted false or fraudulent claims for payment to the United States.

Article

Epstein Becker Green | USA | 23 Jun 2011

Supreme Court holds that government's FOIA response triggers FCA's public disclosure bar: relators may not use FOIA as basis for qui tam claims

A federal agency's response to a request for documents under the Freedom of Information Act ("FOIA") constitutes a "report" triggering the public disclosure bar of the False Claims Act ("FCA"), according to the U.S. Supreme Court's holding on May 16, 2011, in Schindler Elevator Corp. v. United States ex rel. Kirk (No. 10-188).

Article

Baker & Hostetler LLP | USA | 26 May 2011

U.S. Supreme Court holds FOIA responses are public disclosures for FCA purposes

In Schindler Elevator Corp. v. United States ex rel. Kirk, the U.S. Supreme Court recently held that False Claims Act (FCA) allegations based on federal agency responses to Freedom of Information Act (FOIA) requests are considered public disclosures under the FCA public disclosure bar.

Article

King & Spalding LLP | USA | 23 May 2011

United States Supreme Court determines that allegations based on FOIA responses are public disclosures under the FCA

On May 16, 2011, the United States Supreme Court issued its decision in Schindler Elevator Corp. v. United States ex rel. Kirk, 563 U.S. ___ (2011) holding that allegations based on federal agency responses to requests made under the Freedom of Information Act (FOIA), 5 U.S.C. 552, constitute public disclosures under the federal False Claims Act’s (FCA) public disclosure bar.

Article

Katten Muchin Rosenman LLP | USA | 20 May 2011

Supreme Court rules that whistleblowers cannot rely on FOIA requests in FCA cases

On May 16, the U.S. Supreme Court ruled that claims brought by private plaintiffs under the federal False Claims Act (FCA) could not be based on information received from Freedom of Information Act (FOIA) requests.

Article

Baker & Hostetler LLP | USA | 26 Jan 2011

False Claims Act amendments increase vulnerability of government contractors

In recent years, enforcement and litigation of the False Claims Act ("FCA") by the government and private plaintiffs has risen to levels not previously seen in the nearly 150-year history of the FCA.

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