Category Archives: False Claims Act & Civil Fraud

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Fifth Circuit “Materiality” Ruling Recognizes FCA Limitations on Relators’ Ability To Second Guess Agency Decisions

Should whistleblowers be permitted to recover hundreds of millions of dollars when the Government steadfastly insists that the factual underpinnings of a False Claims Act relator’s allegations are flatly incorrect? Although a federal district court in Texas awarded more than …

Recent Fourth Circuit Decision Makes Clear that, with Respect to the FCA Public-Disclosure Bar, the Disclosure’s Timing Must Be Considered Against the First Pleading in which the Relevant Allegations are Initially Made

In United States ex rel. Beuchamp v. Academi Training, the Fourth Circuit recently reversed the dismissal of a False Claims Act (FCA), explaining that the trial court had misapplied the public-disclosure bar when it dismissed the relators’ claims. The …

KBR Wins Second Mandamus Challenge to DC District Court Rulings on Attorney Client Privilege, Denying a False Claims Act Relator the Contractor’s Internal Investigation Materials

Government contractors face ever-increasing pressure to develop robust compliance programs that, among other things, detect potential violations of laws and regulations—which they are then obliged to report to the agency inspector general and the contracting officer. Like many large contractors, …

In an Important Victory for Government Contractors, the Supreme Court Holds that WSLA Does Not Toll the FCA’s Statute of Limitations

Government contractors and health care companies have become increasingly concerned about the application of the Wartime Suspension of Limitations Act (“WSLA”), 18 U.S.C. § 3287, and the Department of Justice’s (“DOJ”) and False Claims Act (“FCA”) relators’ arguments that …

Eighth Circuit Provides Explanation of the FCA’s Public Disclosure Bar and Original Source Exception while Affirming the Dismissal of False Claims Allegations

In a case against two medical device makers in which DOJ (reasonably) declined to intervene, the U.S. Eighth Circuit Court of Appeals recently affirmed the district court’s dismissal of a series of False Claims Act allegations. The court’s opinion provides …

The D.C. Circuit Grants Mandamus in Important Case Regarding Limitations on Attorney-Client Privilege in Contractors’ Internal Investigations

Today, the D.C. Circuit granted a mandamus petition in an important case, In re Kellogg Brown & Root, involving to preservation of the attorney client privilege for internal investigations in today’s heavily regulated government contracting environment. The ability of …

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