Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Business Crimes BulletinFeaturesConsumer ProtectionGeneral Counsel and In House CounselLitigationWhite Collar Crime

The False Claims Act Sealing Orders

By Andrew W. Schilling and Megan E. Whitehill
February 01, 2018

Editor's Note: In light of the background of Parts One and Two of this article, the question remains: Is the defendant in a False Claims Act (FCA) matter barred from discussing the case, as are the relator and the government?

When the court enters a sealing order at the outset of the False Claim Act (FCA) case, such an order typically directs that the complaint and all other papers simply be filed “under seal.” See, e.g., Order, United States ex rel. Boyd v. Riverpoint 714 LLC et al., 15 Civ. 1406 (E.D. Cal. Aug. 28, 2015) (“The plaintiff's complaint shall be filed in camera and under seal.”); Order, U.S. ex rel. Littlewood v. King Pharmaceuticals, Inc., 10 Civ. 973 (D. Md. Apr. 21, 2010) (“IT IS, THEREFORE, ORDERED that the Court shall maintain the Complaint and all other papers filed in this case UNDER SEAL until further Order of the Court.”); United States ex. Rel. Johnson v. Walmart Stores, Inc., 13 Civ. 2277 (E.D. Ca. Nov. 6, 2013) (granting motion to “seal the matter”); U.S. ex rel. Arkfeld v. Bleiberg, 08 Civ. 106460 (E.D.Mich. Feb. 14, 2008) (“Having considered Relators' Motion to File The Complaint under Seal, the motion is granted and it is ORDERED that the Complaint of Plaintiffs/Relators, Ted A. Arkfled, D.C. and Ann Myers be filed, under seal, in paper format, with the Clerk of Court, in accordance with U.S.C.
§ 3730(b)(2) of the False Claims Act.”).

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

CLE Shouldn't Be the Only Mandatory Training for Attorneys Image

Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.

Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing Image

A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.