The False Claims Act's Seal Provisions Upheld
Client Alert | 1 min read | 04.04.11
The False Claims Act contains seal provisions that require every qui tam complaint to be filed under seal for a 60-day period, which is often extended many times over, to give the Department of Justice an opportunity to investigate the allegations and intervene, if it chooses. In ACLU v. Holder (Mar. 28, 2011, http://pacer.ca4.uscourts.gov/opinion.pdf/092086.P.pdf), the Fourth Circuit, in a 2-1 decision, rejected arguments that these provisions violate the public’s First Amendment right of access to judicial proceedings or infringe the authority of federal courts to decide whether a particular complaint should be unsealed in violation of the Constitution’s separation of powers clause, noting that the seal provisions are narrowly tailored because, inter alia, relators are precluded only from publicly discussing the filing of the suit and not from disclosing the existence of the fraud.
Insights
Client Alert | 6 min read | 03.18.26
CFTC Takes Additional Steps Toward Prediction Market Regulation: What You Need to Know
On March 12, 2026, the U.S. Commodity Futures Trading Commission (CFTC) took formal steps toward establishing additional regulations for prediction markets. The agency issued an Advanced Notice of Proposed Rulemaking (ANPRM) soliciting public input on potential new rules, and separately, released staff guidance outlining its views on how existing rules apply to prediction market platforms currently in operation. These developments signal a significant shift in the regulatory landscape for an industry that has grown rapidly over the past year.
Client Alert | 4 min read | 03.18.26
Client Alert | 4 min read | 03.18.26
Client Alert | 9 min read | 03.18.26
The Belgian Competition Authority's 2026 Priorities: What In-House Counsel Need to Know
