Supreme Court Holds FOIA Response Falls Within FCA Public Disclosure Bar
Client Alert | 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 | 4 min read | 07.02.25
Merger consent orders are back at the FTC, and the FTC’s most recent action showcases how the current leadership is analyzing divestiture proposals. Last week, the FTC approved a proposed consent agreement in Alimentation Couche-Tard Inc.’s (ACT) acquisition of retail fuel outlets from Giant Eagle, Inc. that paired standard retail divestitures with a “prior notice” requirement that ACT notify the agency of future acquisitions in certain markets regardless of size. This FTC has signaled greater acceptance of remedies than the prior administration, and this most recent consent puts that on display, with Commissioner Meador providing merging parties guidance on designing effective remedies.
Client Alert | 4 min read | 07.02.25
Client Alert | 3 min read | 07.02.25
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