The New Relators: In-House Counsel and Compliance Officers

43 Pages Posted: 27 Jul 2012  

Kathleen Boozang

Seton Hall School of Law; Seton Hall University - Center for Health & Pharmaceutical Law & Policy

Date Written: July 26, 2012

Abstract

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

Suggested Citation

Boozang, Kathleen, The New Relators: In-House Counsel and Compliance Officers (July 26, 2012). Available at SSRN: https://ssrn.com/abstract=2118045 or http://dx.doi.org/10.2139/ssrn.2118045

Kathleen M. Boozang (Contact Author)

Seton Hall School of Law ( email )

One Newark Center
Newark, NJ 07102-5210
United States

Seton Hall University - Center for Health & Pharmaceutical Law & Policy ( email )

One Newark Center
Newark, NJ 07102-5210
United States

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