The U.S. Chamber filed a coalition amicus brief urging the Fourth Circuit to enforce the False Claims Act’s materiality requirement and to hold that false statements, made by an individual employee of the defendant, concerning unlawful requirements cannot be material under the FCA because the government was required to disregard those unlawful requirements (and thus to disregard the false statements as well).
Elisabeth S. Theodore and Kolya D. Glick of Arnold Porter Kaye Scholer LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the Chamber.
The Chamber previously filed an amicus brief in this case before the federal district court.