Courts historically have been hesitant, for public policy reasons, to sanction relators for taking their former employers’ confidential documents to support their FCA claims. However, in US ex rel. Ferris v. Afognak Native Corp., a US District Court Judge for the District of Alaska sanctioned a plaintiff almost $17,000 for doing just that. We look at the key elements defense counsel in FCA actions should focus on when faced with a qui tam relator who has purloined his or her employer’s privileged (or non-privileged but confidential) documents.
About Gale Monahan
Gale Monahan is a partner in the Firm’s Government Contracts practice where he focuses on government contracts counseling, litigation and internal and government investigations. Gale's counseling practice focuses primarily on cost and pricing, the Cost Accounting Standards (CAS), termination, business systems, domestic preference, and international government contracting issues.
About Steven Masiello
Steven M. Masiello is the chair of the US Government Contracts practice and a leader of the firm's Global Government Contracts and Procurement group. Masiello serves as lead counsel in complex government contract matters across numerous industry segments concerning state, federal, and foreign military funded transactions in the US courts, agency boards and under domestic and international alternative dispute resolution procedures.