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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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Insights

Client Alert | 3 min read | 08.03.26

New Jersey Takes Aim at Algorithmic and Surveillance Pricing: What Landlords and Retailers Need to Know About the FAIR Act and the Fair Price Protection Act

On July 20, 2026, New Jersey Governor Mikie Sherrill signed the Forbidding the Algorithmic Inflation of Rent (FAIR) Act into law, making New Jersey the fourth state to regulate algorithmic rent-setting practices. Three days later, on July 23, 2026, Governor Sherrill signed the Fair Price Protection Act, which targets “surveillance pricing”—the practice of using or collecting personal data about a user and using an algorithm or artificial intelligence to charge different consumers different prices for the same products. Together, these laws represent a significant expansion of New Jersey's consumer protection framework in the algorithmic pricing context....