The False Claims Act's Seal Provisions Upheld
Client Alert | 1 min read | 04.04.11
The False Claims Act contains seal provisions that require every qui tam complaint to be filed under seal for a 60-day period, which is often extended many times over, to give the Department of Justice an opportunity to investigate the allegations and intervene, if it chooses. In ACLU v. Holder (Mar. 28, 2011, http://pacer.ca4.uscourts.gov/opinion.pdf/092086.P.pdf), the Fourth Circuit, in a 2-1 decision, rejected arguments that these provisions violate the public’s First Amendment right of access to judicial proceedings or infringe the authority of federal courts to decide whether a particular complaint should be unsealed in violation of the Constitution’s separation of powers clause, noting that the seal provisions are narrowly tailored because, inter alia, relators are precluded only from publicly discussing the filing of the suit and not from disclosing the existence of the fraud.
Insights
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
