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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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Client Alert | 5 min read | 06.01.26

California Court Upholds Insurer’s Duty to Defend After Covered Claim Is Dismissed

On April 30, 2026, the U.S. District Court for the Northern District of California issued a significant ruling in an insurance coverage dispute between a commercial general liability insurer and its policyholder. The decision addresses several critical issues in insurance law, including the scope and continuity of the duty to defend and the standard for insurer reimbursement of defense costs in mixed-claim actions. The court ruled largely in favor of the insured, SVO Building One, LLC ("SVO"), and the matter now heads toward settlement or trial on SVO's remaining counterclaims....