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Relator's Detailed Allegations Cannot Overcome Public Disclosure Bar

Client Alert | 1 min read | 03.04.13

In U.S. ex rel. Mateski v. Raytheon Co. (C.D. Cal. Feb. 26, 2013), the district court dismissed the qui tam relator's action under the pre-2010 "public disclosure" provision, holding that, although the relator's allegations were much more specific than the information which had been publicly disclosed in the media, congressional hearings, and administrative reports, the broadly worded public disclosures on the same topics were sufficient to supply the government with enough information to initiate an investigation and, therefore, barred the action. The court rejected the relator's novel suggestion that it apply a Rule 9(b) particularity requirement to the publicly disclosed information, and it rejected his contention that he was an original source because (a) he had no hand in the public disclosure (a requirement which not all circuits apply), (b) he failed to provide his information to the government before filing suit, and (c) he could not demonstrate that he saw the fraud with his own eyes.


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Client Alert | 9 min read | 01.06.26

Beyond the Checkout: Retail's 2026 Legal Minefield

2026 will be a significant year for retailers and e-commerce companies, with significant changes on the horizon that will affect the entire industry and ecosystem. Potential headwinds and developments in product safety, pricing, artificial intelligence, data privacy, website compliance, and environmental responsibility are expected. But amidst these changes, there are likely significant opportunities that retail and e-commerce businesses can capitalize on....