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Expert Analysis

Little V. Shell — Bad News For Gov't Contractors

Law360, New York (August 3, 2012, 4:40 PM EDT) -- 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. See No. 11-20320 (5th Cir. July 31, 2012). Importantly, however, the court limited when certain federal employees can bring whistleblower suits based on publicly disclosed information, ruling that government employees charged with alerting the government to fraud cannot take advantage of the original source exception and remanding the case for a determination of whether the public disclosure bar had been triggered....

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