The New Relators: In-House Counsel and Compliance Officers
43 Pages Posted: 27 Jul 2012
Date Written: July 26, 2012
Although not an entirely new phenomenon, recent False Claims Act filings have seen an uptick in former in-house counsel and compliance officers as qui tam relators. The False Claims Act does not preclude attorneys from becoming relators against their former clients, but the Code of Professional Conduct’s protection of confidential information acquired during the attorney-client relationship presents serious ethical challenges not only to the relator but to his or her counsel as well. This Comment reviews the applicable ethical rules as well as exceptions, concluding with suggestions for attorneys involved as relator, relator’s counsel, or counsel for the defendant.
Keywords: Qui Tam Relator, False Claims Act, Rules of Pro/fessional Conduct, Confidential Information, Privileged, Crime-Fraud Exception, Claim or Defense Exception, Compliance Officer, Retaliation, Wrongful Discharge, Choice of Law
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