FCA Does Not Authorize In-House Counsel/Relator to Reveal Client Confidences
Client Alert | 1 min read | 11.18.13
In Fair Lab. Practices Assocs. v. Quest Diagnostics (Oct. 25, 2013), the Second Circuit affirmed the dismissal of a qui tam suit that was brought by a general partnership formed for the purpose of bringing the suit because (1) the partnership included the defendant's former general counsel, and (2) the former general counsel violated his ethical obligations by divulging confidential client information in pursuit of the litigation, notwithstanding that a non-lawyer member of the partnership initiated the suit. While the Second Circuit did not create a bright-line rule barring all in-house lawyers from using client information in FCA cases, it did strike a balance between a lawyer's ethical obligations to the client and the government's competing interest in encouraging "whistleblowers" to report fraud, finding that the disclosure exceeded what was necessary to prevent the client from committing a crime.
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Client Alert | 3 min read | 12.13.24
New FTC Telemarketing Sales Rule Amendments
The Federal Trade Commission (“FTC”) recently announced that it approved final amendments to its Telemarketing Sales Rule (“TSR”), broadening the rule’s coverage to inbound calls for technical support (“Tech Support”) services. For example, if a Tech Support company presents a pop-up alert (such as one that claims consumers’ computers or other devices are infected with malware or other problems) or uses a direct mail solicitation to induce consumers to call about Tech Support services, that conduct would violate the amended TSR.
Client Alert | 3 min read | 12.10.24
Fast Lane to the Future: FCC Greenlights Smarter, Safer Cars
Client Alert | 6 min read | 12.09.24
Eleven States Sue Asset Managers Alleging ESG Conspiracy to Restrict Coal Production
Client Alert | 3 min read | 12.09.24
New York Department of Labor Issues Guidance Regarding Paid Prenatal Leave, Taking Effect January 1
