When it was first enacted in 1863, the original purpose of the False Claims Act was to prosecute war profiteers who were selling sick mules and broken muzzle-loaded rifles to the Union Army. In recent years, its use has...more
Last month, for the second time, the D.C. Circuit in In re Kellogg Brown & Root Inc., No. 14-5319, slip op. (D.C. Cir. Aug. 11, 2015), granted a writ of mandamus sought by KBR and vacated a series of district court orders...more
10/5/2015
/ Attorney-Client Privilege ,
But For Causation ,
Code of Conduct ,
Cooperation ,
Department of Justice (DOJ) ,
Discovery ,
False Claims Act (FCA) ,
Federal Contractors ,
Government Investigations ,
Internal Investigations ,
KBR (formerly Kellogg Brown & Root) ,
Legal Advice Privilege ,
Privilege Waivers ,
Professional Misconduct ,
Qui Tam ,
Self-Disclosure Requirements ,
Suspensions & Debarments ,
Whistleblowers ,
Work-Product Doctrine
False Claims Act practice is evolving in subtle ways that may particularly affect cases where the federal government does not intervene. Recent decisions help clarify the law’s “first-to-file” rule and who may pursue...more
8/5/2015
/ False Claims Act (FCA) ,
First-to-File ,
KBR (formerly Kellogg Brown & Root) ,
KBR v ex rel Carter ,
Litigation Strategies ,
Pleading Standards ,
Public Disclosure ,
Qui Tam ,
Relators ,
Res Judicata ,
Rule 9(b) ,
SCOTUS ,
Statistical Sampling ,
Whistleblowers ,
WSLA
In one of the most important decisions of the year for corporate legal departments, on June 27, the D.C. Circuit held that a company’s internal investigation documents were protected by the attorney-client privilege where...more