FCA Does Not Authorize In-House Counsel/Relator to Reveal Client Confidences
Client Alert | 1 min read | 11.18.13
In Fair Lab. Practices Assocs. v. Quest Diagnostics (Oct. 25, 2013), the Second Circuit affirmed the dismissal of a qui tam suit that was brought by a general partnership formed for the purpose of bringing the suit because (1) the partnership included the defendant's former general counsel, and (2) the former general counsel violated his ethical obligations by divulging confidential client information in pursuit of the litigation, notwithstanding that a non-lawyer member of the partnership initiated the suit. While the Second Circuit did not create a bright-line rule barring all in-house lawyers from using client information in FCA cases, it did strike a balance between a lawyer's ethical obligations to the client and the government's competing interest in encouraging "whistleblowers" to report fraud, finding that the disclosure exceeded what was necessary to prevent the client from committing a crime.
Insights
Client Alert | 7 min read | 06.26.26
Federal Roundup: Updates for PBMs and Medicare Advantage Organizations
In June 2026, federal regulators and lawmakers continued their efforts to improve drug affordability through targeted reforms. These recent developments will primarily impact pharmaceutical manufacturers, managed care organizations, and pharmacy benefit managers (PBM) serving Medicare Part D program members. PBMs, Medicare Advantage organizations, and Part D sponsors should monitor these changes in the interest of maintaining compliance and providing input on regulatory proposals that may influence their business operations or compensation structures in the future.
Client Alert | 6 min read | 06.26.26
Client Alert | 4 min read | 06.25.26
Twin Executive Orders Seek to Spur Quantum Leap in Technology and Cybersecurity
Client Alert | 7 min read | 06.24.26
