1. Home
  2. |Insights
  3. |Disclosure to Public Officials Is Not "Public": Relator to Have Yet Another Day in Court

Disclosure to Public Officials Is Not "Public": Relator to Have Yet Another Day in Court

Client Alert | 1 min read | 02.05.15

The "long and winding road" of U.S. ex rel. Wilson v. Graham County, which has twice taken it to the Supreme Court and back, will continue on remand after the Fourth Circuit reversed the district court's dismissal for want of jurisdiction. Siding with five other circuits in a rebuke of the Seventh Circuit's holding in U.S. v. Bank of Farmington that disclosure to a "competent" public official authorized to act on the information was sufficient to trigger the FCA's public disclosure bar, the Fourth Circuit ruled instead that information shared within the government, even between federal, state, and local agencies, has not reached the public domain, notwithstanding its availability through a public records request.

Insights

Client Alert | 3 min read | 07.10.26

Federal Circuit Clarifies Application of Blue & Gold: Proposal Submission Deadline, Not Award, is the Operative Time for Filing

In Utech, Inc. v. United States, No. 24-1586 (Fed. Cir. June 24, 2026), the U.S. Court of Appeals for the Federal Circuit clarified that in most cases, a pre-award protest must be filed before the proposal submission deadline to avoid the Blue & Gold waiver rule.  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal submission deadline....