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Expert Analysis

Disclosures In Public SEC Filings Aren't Really 'Public' In Calif.

Law360, New York (February 8, 2016, 3:37 PM EST) -- On Jan. 19, 2016, the California Court of Appeals ruled that disclosures made in publicly available U.S. Securities and Exchange Commission filings do not qualify as public disclosures under the California False Claims Act. State of Ca. ex rel. Bartlett v. Miller, 2016 WL 229468. The ruling, while perhaps defensible as a matter of strict statutory interpretation, severely undercuts the policy goal of the CFCA's public disclosure bar: preventing parasitic actions in which the relator takes advantage of public information and fails to assist in exposing the fraud....

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