All's Not Fair in FCA Wars
Client Alert | 1 min read | 05.28.13
In U.S. ex rel. Hartpence v. Kinetic Concepts, Inc. (C.D. Cal. May 20, 2013), the district court disqualified relators' counsel for using privileged materials taken by the relators when they left the employ of the defendant to craft their claims and pleadings. The court found that (1) the relators' counsel were put on notice by the government of the potentially privileged nature of the documents and had an obligation to take reasonable remedial actions before using the materials; (2) the use of the privileged materials to craft claims was alone sufficient to show a risk of prejudice; (3) no showing of bad faith is required for disqualification, but the fact that relators' counsel decided to quote the documents in pleadings without seeking guidance from the court was "tantamount to bad faith;" and (4) even if defendant provided final copies of the materials that were almost identical to the privileged draft versions, as relators' counsel claimed, that did not excuse their obligation to take reasonable remedial actions regarding the privileged versions.
Insights
Client Alert | 5 min read | 09.16.25
Bucking the Odds: Why Technology Companies Should Embrace Software Patents Today
Although the Supreme Court’s 2014 decision in Alice v. CLS Bank and its progeny affected the issuance and enforcement of software patents and led to a major shift in U.S. patent policy, software patents still have value today and such protection therefore should be pursued.
Client Alert | 3 min read | 09.15.25
Client Alert | 4 min read | 09.12.25
SBA’s OHA Further Defines Extraordinary Action in SDVOSB Appeal
Client Alert | 6 min read | 09.11.25
U.S. Department of Commerce Partially Relaxes Export Controls on Syria