FOIA Release Is FCA 'Public Disclosure'
Client Alert | less than 1 min read | 11.30.09
In U.S. ex rel. Ondis v. City of Woonsocket (1st Cir. Nov.18, 2009), the First Circuit concluded that, under the False Claims Act's public disclosure bar, courts lack subject-matter jurisdiction over qui tam actions when the relator's allegations are based upon information released through Freedom of Information Act requests, finding that FOIA releases of "substantially similar" information which include the essential elements of the alleged fraud qualify as public disclosures. The court noted that it was joining the majority view, adopted by every circuit to consider the issue except the Fourth, taking into account the recent shift by the Seventh Circuit to the majority.
Insights
Client Alert | 5 min read | 10.22.25
Sixth Circuit Reaffirms Privilege Protections During Internal Investigations
On October 3, 2025, the Sixth Circuit reaffirmed that the attorney-client privilege and the work-product doctrine protections apply to materials created during attorney-led internal investigations. In re FirstEnergy Corp., No. 24-3654 (6th Cir. Oct. 3, 2025).
Client Alert | 4 min read | 10.21.25
Pivot Point for 340B: HRSA Rebate Model Pilot Program Approaches Launch
Client Alert | 5 min read | 10.20.25
What’s new for Belgian Construction Contracts under the New Book 7 of the Civil Code
Client Alert | 3 min read | 10.17.25
California Enacts New Requirements and Restrictions for Health Care Transactions
