A California Court of Appeals has ruled rather controversially that federal filings with the SEC do not amount to "public disclosure" for purposes of qui tam relator suits under California's False Claims Act ("CFCA"). This is the case of State ex rel. Bartlett v. Miller, decided on January 19th.
How could this possibly be the ruling? CFCA cases based on public information, said the three judge panel for California's Second Appellate District, are triggered only when such disclosure is through channels explicitly accounted for in the state statute, a mechanism known as the "public disclosure bar."