From October 1 through October 12, 2014, there were 14 federal cases reported that mentioned the False Claims Act. One was previously discussed in the September 2014 FCA Update. Eight more only tangentially discussed the False Claims Act. Five cases might be of interest to parties and counsel in a False... Continue Reading →Tags: attorney, Boeing, Cephalon, Cestra, conspiracy, deposition, FAA, False Claims Act, FCA, first to file, fraud with particularity, Graves, individual defendants, jurisdiction, Kelly, May, Plaza Medical Centers, privilege, Purdue Pharma, regulatory compliance, Serco, Smith, specific claims
US ex rel May v Purdue Pharma Defendant subpoenaed relators’ attorneys for deposition, to inquire into relators’ knowledge of the matters alleged in the Complaint, to challenge jurisdiction pursuant to the public disclosure bar of the FCA. The attorneys represented one relator’s husband on a nearly identical FCA action, which... Continue Reading →Tags: attorney, attorney-client, deposition, False Claims Act, FCA, privilege, protective order, southern district, West Virginia, work product
Yesterday, the D.C. Circuit issued a much-anticipated decision regarding whether or not internal compliance investigations were privileged. Two recent lower court decisions had ruled that such compliance investigations were not privileged because they were for business rather than legal purposes. The D.C. Circuit disagreed and found that such compliance investigations... Continue Reading →Tags: compliance, D.C. Circuit, discovery, internal investigation, privilege