On February 28, 2018, Susan Gouinlock participated in a panel discussion at the Qui Tam Conference in Washington, D.C., hosted by the Federal Bar Association. Her panel, titled “Discovery in Declined Qui Tam Cases,” focused on the procedural and strategic complexities that arise when litigating whistleblower actions without government intervention.
Drawing from her extensive litigation experience, Susan discussed the unique demands of declined qui tam discovery under the Federal Rules of Civil Procedure. She highlighted how the absence of government participation can reshape discovery obligations, motion practice, and evidentiary standards—particularly when relators must shoulder the full burden of prosecuting the case.
Susan offered practical insights on managing third-party subpoenas, protecting whistleblower confidentiality, and preparing clients for depositions in the context of declined qui tam cases. Her remarks underscored the importance of precision, persistence, and preparation in building strong FCA cases when the government elects not to intervene.
Her contributions helped illuminate best practices for attorneys navigating this topic, a growing area of False Claims Act litigation that demands careful planning and creative legal strategy.
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This article is for informational purposes only and should not be considered legal advice.
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