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
New York's Latest Cybersecurity Commitment Image

On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.

Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office Image

A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.

Bit Parts Image

Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights

The Bankruptcy Hotline Image

Recent cases of importance to your practice.

How AI Has Affected PR Image

When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.