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Wiley Rein's Roderick Thomas Discusses D.C. Circuit First-to-File Ruling

BNA's Federal Contracts Report
November 10, 2011

Roderick Thomas, chair of the firm's White Collar Defense Practice, was quoted in a Federal Contracts Report story on a U.S. Court of Appeals for the District of Columbia ruling that a district court properly dismissed a later-filed complaint alleging a corporate-wide fraud scheme.

Mr. Thomas said the decision is good news for government contractors subject to qui tam lawsuits. The D.C. Court found that the False Claims Act's first-to-file rule does not require a complaint to meet higher pleading standards to bar a later-filed complaint.

"This decision should discourage prospective whistleblowers from going on targeted 'fishing expeditions,' guided by the court filings of other individuals, to find incriminating evidence and build on prior public allegations for their own gain," said Mr. Thomas.