September 14, 2010
The New Public Disclosure Bar Under the False Claims Act
Federal Contracts Report
National Practice Group Leader of the Government Contracts Group Richard Duvall and Associate Greg Hallmark authored a Federal Contracts Report article titled, "The New Public Disclosure Bar Under the False Claims Act."
The public disclosure bar has historically played a sentinel function, protecting the public and defendants from parasitic law suits alleging violations of the civil False Claims Act, based on information already in the public domain. Recent amendments to the FCA, tucked away in the recesses of the health care reform legislation, substantially weaken the public disclosure bar and open the door to a potentially harmful wave of parasitic qui tam lawsuits. After a brief recounting of history, the article analyzes these amendments and identifies areas of potential ambiguity and probable future debate. To view the full article, please visit the link below.
The public disclosure bar has historically played a sentinel function, protecting the public and defendants from parasitic law suits alleging violations of the civil False Claims Act, based on information already in the public domain. Recent amendments to the FCA, tucked away in the recesses of the health care reform legislation, substantially weaken the public disclosure bar and open the door to a potentially harmful wave of parasitic qui tam lawsuits. After a brief recounting of history, the article analyzes these amendments and identifies areas of potential ambiguity and probable future debate. To view the full article, please visit the link below.