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Can Employee Releases Bar False Claims Act Actions?

Client Alert | 1 min read | 03.15.06

Government contractors should take notice that recent court decisions indicate a possible shift in the law that may foretell greater success in using releases to bar False Claims Act qui tam actions by former employees. In their article “Employee Releases: A Tool Federal Contractors Can Use To Protect Themselves Against False Claims Act Liability” published in the February 21, 2006, BNA Federal Contracts Report (http://www.crowell.com/pdf/newsroom/FCR_Kunz-Goodman.pdf), Cathy Kunz and Jody Goodman of C&M discuss the jurisprudence that releases cannot be used to prevent former employees from bringing FCA actions against employers and analyze two recent decisions that diverge from this precedent and open the door for the enforcement of employee releases to bar qui tam actions.

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Client Alert | 2 min read | 12.19.25

GAO Cautions Agencies—Over-Redact at Your Own Peril

Bid protest practitioners in recent years have witnessed agencies’ increasing efforts to limit the production of documents and information in response to Government Accountability Office (GAO) bid protests—often will little pushback from GAO. This practice has underscored the notable difference in the scope of bid protest records before GAO versus the Court of Federal Claims. However, in Tiger Natural Gas, Inc., B-423744, Dec. 10, 2025, 2025 CPD ¶ __, GAO made clear that there are limits to the scope of redactions, and GAO will sustain a protest where there is insufficient evidence that the agency’s actions were reasonable....