When Must Gov't Preserve Docs In An FCA Case?

Law360, New York (September 20, 2012, 1:16 PM EDT) -- Anyone who has defended a False Claims Act case knows the importance of taking appropriate steps to ensure that relevant documents are preserved when litigation becomes reasonably foreseeable. A recent federal court decision[1] emphasized that the United States has real preservation obligations of its own, rejecting the government’s position that litigation of a False Claims Act case is not reasonably foreseeable even after the filing of a qui tam complaint.

The relator had filed his complaint in 2005. In early 2006, the United States issued a...
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