New Clarity On FCA Public Disclosure Bar For Whistleblowers

Law360, New York (March 30, 2016, 10:37 AM EDT) -- There continues to be some uncertainty on just how far the "public disclosure bar" reaches to prevent whistleblowers from bringing suit under the False Claims Act. It is a subject filled with such nuance and fact dependency that there may never be complete clarity on how any one case scenario may play out. But thanks to a string of recent court of appeals decisions — four in the past month, from the Fourth, Sixth, Seventh and Ninth Circuits — there is at least some insight to be gleaned on this chronic whistleblower concern.

That is, that courts are not only guided...

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