Public Disclosure

News & Analysis as of

D.C. Circuit Upholds Public-Disclosure-Bar Dismissal Based On Information Posted to Websites

Last week, the U.S. Court of Appeals for the D.C. Circuit upheld a district court’s dismissal of a qui tam action under the oft-litigated, “public disclosure bar,” where the transactions that gave rise to an inference of...more

OSHA Announces New Enforcement Program for Whistleblower Cases

The “pilot” Severe Violator Enforcement Program will impose more stringent inspection procedures, enhanced settlement provisions, and “public scrutiny” for employers that OSHA deems to have engaged in “egregious behavior and...more

Seventh Circuit Clarifies Retroactivity of Part of 2010 Amended Definition of “Original Source” for Purposes of Public Disclosure...

On January 4, 2016, the Seventh Circuit issued an opinion addressing the scope of the public disclosure bar under the False Claims Act (“FCA”). In United States ex rel. Bogine v. Medline Industries, Inc., 809 F.3d 365 (7th...more

Blog: UK Treasury Select Committee presses PRA to relax ‘doctrine’ of supervisory confidentiality

The UK’s Treasury Select Committee (TSC) has just published an exchange of correspondence between Andrew Tyrie MP (chair of the TSC) and Andrew Bailey (CEO of the Prudential Regulation Authority (PRA)). The correspondence is...more

Nasdaq Golden Leash Proposal

Nasdaq recently extended the comment period for its proposed disclosure requirements on golden leash arrangements. Some may wonder why the proposal is controversial. For an answer, please see the post submitted by in-house...more

Trump University Playbooks Get Trumped By Trade Secrets Law

Chances are over the last several days you’ve heard presidential-hopeful Donald J. Trump express his displeasure with a certain federal judge sitting on the bench in the U.S. District Court for the Southern District of...more

The SDNY Provides Guidance on a Company’s Duty to Disclose Government Investigations

Due to the absence of instructive case law and interpretative guidance from the U.S. Securities and Exchange Commission (SEC), companies are often left in the dark with regard to whether and/or when they should publicly...more

TN Securities Division Urges Investors to Question Advisors

In a recent new release, the Tennessee Securities Division urged investors to ask tough questions of their investment advisors, and about their compensation, account arrangements and educational / regulatory history. The May...more

SEC Issues Guidance to Tighten Use of Non-GAAP Financial Measures

On May 17, 2016, the SEC’s Division of Corporate Finance issued new Compliance & Disclosure Interpretations (“C&DIs”) regarding the use of non-GAAP financial information by public companies. This attempt to reset the...more

FCC Announces Effective Date for Expanded Online Public File Requirement

In our Memorandum of January 28, 2016, we described the FCC’s expansion of the online public file requirement to cable TV, DBS, broadcast and satellite radio stations. Until now, only TV stations have been required to keep...more

To Save Secrecy Lawsuit, Twitter Must Challenge DOJ’s Decision to Classify Surveillance Requests

This month, a federal judge dismissed Twitter’s lawsuit challenging limits on the disclosure of government requests for information on Twitter users, pressing the company to file an amended complaint contesting the...more

Broadcast Client Advisory: June 24, 2016 Effective Date for Expanded On-Line Public Files

The FCC has announced that its expanded requirements for on-line public files will become effective June 24, 2016. Commercial radio stations in the top 50 Nielsen markets with five or more full-time employees must begin...more

White Collar & Investigations: Hastert Receives 15 Month Sentence in Federal Structuring Case

In June of last year former Speaker of the United States House of Representatives Dennis Hastert was indicted for structuring and false statements to the FBI in an investigation that focused on more than $900,000 in cash...more

State disclosure laws suffer a setback - Federal court grants charitable nonprofit's request for permanent injunction blocking...

Late last week, the US District Court for the Central District of California struck a blow against the California Attorney General's Office and other supporters of the state's ongoing efforts to expand the public disclosure...more

Two Additional HIPAA Settlements Demonstrate Breadth of HIPAA Enforcement Activity

During the week of April 18, 2016, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) announced two significant settlements with a large New York City hospital and a North Carolina orthopaedic...more

From Ashley Madison to the Panama Papers: Is Hacked Data Fair Game?

We’ve previously written about the distinctions between hacking credit and other financial data in comparison to hacking private information. (See Ashley Madison and Coming to “Terms” with Data Protection.) The issue of how...more

EU Regulation and Template on Public Disclosure of Managers Transactions

A Commission Delegated Regulation and Commission Implementing Regulation supplementing the Market Abuse Regulation were published in the Official Journal of the European Union. The Delegated Regulation extends the exemption...more

CAS Legal Mailbag Question of the Week – April 2016

Dear Legal Mailbag: I have been around the block, but yesterday a parent made a demand that is a new one for me. I had met with the parent to review the results of our bullying investigation about her son’s behavior...more

7th Circ. May Be Willing To End FCA Circuit Split

The False Claims Act’s “public disclosure bar” calls for dismissal of complaints by qui tam plaintiffs (or “relators”) whose allegations have already been publicly disclosed. The primary aim of the bar is preventing parasitic...more

GMO Labeling Debates Forge On After Close Senate Vote

The GMO war rages on after a close vote in the Senate last week addressing proposed voluntary, national standards for GMO labeling. A 48-49 split means the Senate failed to invoke cloture to bring the Biotechnology Labeling...more

NASDAQ Resubmits Proposed Rule on Golden Leash Arrangements

On March 15, 2016, the NASDAQ Stock Market LLC resubmitted its proposed rule requiring NASDAQ-listed companies to publicly disclose third-party compensation arrangements for board members and board nominees, commonly referred...more

PTAB Institutes Kyle Bass IPR Against Pharmaceutical Patent Based On SEC Document

Kyle Bass has filed numerous prior IPR petitions against pharmaceutical patents, some of which have been denied due to use of prior art references that were not sufficiently proven to be “publicly accessible” (see “Clinical...more

Do You Have to Disclose a Government Investigation? Practical Considerations, Legal Standards, and Recent Case Law

After receiving an inquiry from a government agency, such as a subpoena, a Civil Investigative Demand (“CID”), or an informal request for information, public companies ask whether they must disclose publicly that they may be...more

Verizon Settles Supercookie Probe with FCC

Verizon Wireless has reached a settlement with the Federal Communications Commission over Verizon’s insertion of unique identifier headers (“UIDH”), also known as “supercookies,” to track customers’ mobile Internet traffic...more

Third Circuit Ruling Reflects the Narrowed Scope of the Public Disclosure Bar under the Affordable Care Act

The public disclosure bar is a statutorily created hurdle that plaintiffs must cross to successfully maintain a False Claims Act suit. The principle was originally enacted to prevent individuals from filing “parasitic” False...more

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