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Ninth Circuit Narrows Qualifications for Being Qui Tam "Original Source"

Client Alert | 1 min read | 11.04.14

The Ninth Circuit, in Malhotra v. Steinberg (Oct. 29, 2014), held that, despite tipping off the government as to one kind of wrongdoing by the defendant, the FCA relators were not the "original source" of a different alleged act of wrongdoing perpetrated by the same defendant, a bankruptcy trustee. The relators independently discovered and alerted federal authorities to defendant trustee's scheme to sell property at a price lower than fair market value, but because that federal investigation led to the public disclosure of the defendant's receipt of kickbacks from those sales, the court held that the relators were not the original source of the kickback allegation which formed the basis of their qui tam action.


Insights

Client Alert | 4 min read | 10.21.25

Pivot Point for 340B: HRSA Rebate Model Pilot Program Approaches Launch

The deadline for Department of Health and Human Services (“HHS”) to notify approved manufacturers of acceptance into the 340B Rebate Model Pilot Program has passed, and stakeholders across the healthcare industry should start planning for compliance and operational changes. The Model Pilot Program may also face legal challenges that could delay or disrupt implementation....