The Latest Litigation Over FCA Public Disclosure Bar

Law360, New York (April 10, 2015, 10:17 AM EDT) -- The question of whether a disclosure to the government in an audit or investigation is sufficient to trigger the public disclosure bar to qui tam actions under the federal False Claims Act has recently garnered a lot of attention in federal courts. In the last three months alone, the Third, Fourth, Fifth, Sixth and Eleventh Circuits have all issued decisions regarding the public disclosure bar. Most recently, on March 30, 2015, the United States Court of Appeals for the Fifth Circuit denied a petition for rehearing on a previous decision by a three-judge panel regarding the scope of the public disclosure bar to qui tam actions under the FCA in the context of government audits and investigations....

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