Whistleblower's FCA Claims Fail Public Disclosure and First-to-File Bars
Client Alert | 1 min read | 04.01.13
In U.S. ex rel. Beauchamp v. Academi Training Center, Inc. (E.D. Va. Mar. 21, 2013), in which C&M represented the defendant, the court dismissed all claims that Academi had violated the False Claims Act by allegedly falsifying its labor invoices and failing to qualify Afghanistan-based security personnel on certain weapons properly. The court held that public disclosure barred both claims because they either had been publicly disclosed in the media or in an earlier qui tam action brought against Academi (resulting in a judgment in favor of Academi with C&M defending), but also that the labor claim was precluded by the first-to-file bar because it was based on the underlying facts in a related and earlier-filed qui tam suit that was pending when the Beauchamp complaint was filed.
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Client Alert | 3 min read | 07.23.26
It is well established that “[c]ompetitive prejudice is an essential element of every viable protest.” Yet, for decades, the U.S. Government Accountability Office (GAO) has tempered this requirement with two critical corollaries: protesters need only demonstrate a “reasonable possibility” that they were prejudiced by an agency’s actions, and GAO “will resolve doubts regarding prejudice in favor of the protester.” These principles have been consistent features of GAO’s bid protest jurisprudence for more than 30 years. See, e.g., United Int’l Eng'g, Inc., B-245448, Jan. 29, 1992, 71 CPD ¶ 177.
Client Alert | 3 min read | 07.23.26
Second Circuit Affirms Preliminary Injunction Against Nielsen in Constructive Tying Case
Client Alert | 4 min read | 07.22.26
Client Alert | 4 min read | 07.22.26
Ghost Advertising: Compliance Takeaways From the Gymshark Influencer Class Action

