A Report by Any Other Name -- The Supreme Court Determines FOIA Disclosures Are "Reports" Under the False Claims Act's Public Disclosure Bar

By James P. Fieweger

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In this article, Mr. Fieweger discusses the United States Supreme Court's decision applying a broad reading to the term "reports" in the False Claims Act's public disclosure bar.  This decision narrows the sources of information plaintiffs can rely on when filing a whistleblower action under the Act, and should provide defendants with a jurisdictional defense to cases based on information contained in public disclosures such as reponses to FOIA requests.