Jenner & Block

"Schindler Elevator Resolves That Qui Tam False Claims Act Cases May Not Proceed If Based on Written FOIA Responses,” Financial Fraud Law Report

In this article, Jenner & Block Partner Jessie K. Liu, Government Contracts Emerging Issues Attorney Cynthia J. Robertson and Associate Thomas K. Kim, discuss the U.S. Supreme Court’s decision in Schindler Elevator Corp. v. United States ex rel. Kirk, that a federal agency’s written responses to Freedom of Information Act (FOIA) requests are “reports” within the meaning of the False Claims Act (FCA) public disclosure bar.  The authors go on to discuss the history of Congress’ struggle to provide adequate whistleblower protections and discourage parasitic lawsuits and the implications of the Court’s recent decision on this matter for government contractors.