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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.

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Insights

Client Alert | 5 min read | 09.03.26

DOT Final Rule Narrows Airline Delay and Cancellation Reporting Obligation Under FAA Reauthorization Act of 2024

The U.S. Department of Transportation (DOT) published a final rule amending 14 CFR Part 234 that fundamentally changes how airlines report the causes of flight delays and cancellations. Effective October 19, 2026, the rule implements Section 511(b) of the FAA Reauthorization Act of 2024 by creating a new reporting category, the “Section 511(b) category,” for ten specific events that Congress determined are not attributable to airline control. The rule simultaneously narrows the existing "Air Carrier" reporting category by expressly excluding those same ten events....