Supreme Court Holds FOIA Response Falls Within FCA Public Disclosure Bar
Client Alert | less than 1 min read | 09.13.11
Mark Troy and Mana Lombardo of C&M have analyzed the Supreme Court’s decision in Schindler Elevator Corp. v. U.S. ex rel. Kirk holding that a federal agency’s FOIA response is a “report” within the meaning of the public disclosure bar in the False Claims Act. Their article, published by BNA in Federal Contracts Report, provides background on the role of the public disclosure bar under the FCA, dissects the Schindler case, reviews other precedents, forecasts the future of the public disclosure bar, and discusses the practical effect of Schindler for contractors.
Insights
Client Alert | 3 min read | 07.10.26
In Utech, Inc. v. United States, No. 24-1586 (Fed. Cir. June 24, 2026), the U.S. Court of Appeals for the Federal Circuit clarified that in most cases, a pre-award protest must be filed before the proposal submission deadline to avoid the Blue & Gold waiver rule. This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal submission deadline.
Client Alert | 5 min read | 07.10.26
Client Alert | 6 min read | 07.09.26
EU Steel Overcapacity Regulation: New Permanent Measure in Force from 1 July 2026
Client Alert | 5 min read | 07.09.26
Made in the USA? Prove It: FTC Marks America's 250th with Crack Down on Domestic Origin Claims
