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Fourth Circuit Weighs in on Public Disclosure Bar and Retroactivity

Client Alert | 1 min read | 12.13.13

The Fourth Circuit in U.S. ex rel. Radcliffe v. Purdue Pharma.(Dec. 12, 2013) became the first court of appeals to address whether the FCA's public disclosure bar is still jurisdictional after its 2010 amendment by the Affordable Care Act (a topic about which Crowell & Moring attorneys wrote articles in March and September) and held that it is not, reasoning that the word jurisdiction was excised from the statute and that the government was newly empowered to veto application of the bar. This decision came in the context of a broader analysis in which the court clarified that the date of the allegedly fraudulent conduct, not the date that the complaint was filed, governs potential retroactive effect.


Insights

Client Alert | 4 min read | 08.14.26

License to Hack? The White House Greenlights Private-Sector Offensive Cyber Operations

On August 12, 2026, the White House released a National Security Presidential Memorandum (NSPM), marking a seismic shift in U.S. cybersecurity policy and establishing a framework to authorize private-sector companies to conduct offensive cyber operations—historically strictly prohibited by federal law—against foreign Cyber-Enabled Transnational Criminal Organizations (CE-TCOs).  It builds on an executive order issued in March 2026 that directed federal agencies to develop plans to combat cyber-crimes against Americans....