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States’ Statutes Of Limitations Apply To Federal FCA Retaliation Claims

Client Alert | less than 1 min read | 06.27.05

Resolving a split among circuits regarding the proper statute of limitations to apply in "retaliation" claims brought by aggrieved whistleblowers against their employers under the federal civil False Claims Act, the Supreme Court in Graham County Soil & Water Conserv. Dist. v. U.S. ex rel. Wilson (June 20, 2005) held that, instead of the familiar six-year limitations period for substantive FCA allegations, the most analogous statute of limitations under state law (typically, state employment or other tort law) applies. The majority reasoned that, otherwise, the limitations period would be left without a starting point and would be inconsistent with the general rule that Congress drafts statutes of limitations to begin when the plaintiff has a “complete and present cause of action.”

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Client Alert | 4 min read | 12.31.25

Raising the Bar: New York Expands Consumer Protection Law with FAIR Business Practices Act

New York Governor Kathy Hochul has signed into law the most significant update to New York’s consumer protection law in 45 years — the Fostering Affordability and Integrity through Reasonable Business Practices Act, or FAIR Business Practices Act — expanding the scope of the state’s authority to now challenge unfair and abusive business practices. The measure, backed by New York Attorney General (“AG”) Letitia James and signed on December 19, 2025, amends New York’s General Business Law § 349, giving regulators new tools to protect consumers and promote fair marketplace practices....