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Expert Analysis

Following The FCA's Public Disclosure Bar

Law360, New York (March 30, 2015, 1:54 PM EDT) -- Before the Affordable Care Act's amendments to the False Claims Act, there was no question that the issue of whether an FCA suit was barred due to being based on publicly disclosed information was a matter of jurisdiction. However, in the wake of the ACA amendments, there has been some disagreement among courts as to whether the public disclosure bar remains jurisdictional. The interpretation of the relevant FCA provision, 31 U.S.C. § 3730(e)(4)(A), can significantly impact a defendant's litigation strategy in terms of motion practice, timing and overall burdens that each party bears at the pleading stage....

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