1. Home
  2. |Insights
  3. |Similar State FCA Allegations Yield Mixed Results

Similar State FCA Allegations Yield Mixed Results

Client Alert | 1 min read | 03.03.05

In two California Civil False Claims Act (FCA) cases recently decided by different districts of the California Court of Appeal, California ex rel. Harris v. PricewaterhouseCoopers LLP (Jan. 20, 2005) and California ex rel. Bowen v. Bank of America (Jan. 31, 2005), qui tam relators got mixed results on their novel “reverse false claims”allegations that the defendants failed to report and turn over to the State unclaimed property as required by California law. In Harris, applying case law under the federal FCA, the court upheld liability against an escrow title company and reversed summary judgment in favor of its accountants; but in Bowen, the Court, also applying federal case law, upheld the dismissal of the consolidated complaint against several banks on the ground that the plaintiffs had failed to allege facts that would make the subject property “certain and liquidated,” such that no reverse false claim could arise from the failure to report and turn over the property.

Insights

Client Alert | 4 min read | 03.05.26

DOL’s Proposed Independent Contractor Rule Reverts to Prioritize Two Core Factors – Likely Limiting Misclassification Claims by Contractors

The U.S. Department of Labor (DOL) has proposed another revision to independent contractor regulations, one that would provide for more leeway in classifying workers as contractors. DOL’s proposed rule, published on February 26, 2026, would rescind the Biden DOL’s March 2024 independent contractor regulation and reinstate a framework substantially tracking the prior Trump rule of January 2021. The proposed rule would also apply the narrower analysis to worker classifications under the Family and Medical Leave Act (FMLA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The comment period closes in late April 2026; until then, the 2024 rule remains in effect for purposes of private litigation....