The Decline Of The Collective Knowledge Doctrine

Law360, New York (May 10, 2011, 1:57 PM EDT) -- Whether a corporation can be held liable under the False Claims Act is an increasingly important issue in today’s FCA enforcement environment. The government at times seeks to establish the necessary knowledge in an FCA case by assembling the “collective knowledge” of the corporation’s various employees.

Very few courts had actually weighed in on this issue over the years, generally being not too warm to the idea, but not entirely closing the door either: the law was unclear. Last December, however, the D.C. Circuit in United...
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