Can A Law Firm Qualify As An Original Source?

Although a Federal district court refrained from providing a definitive answer to this question, it appears unlikely given the court's holding and reasoning in United States v. U.S. Bank, N.A., No. 3:13-cv-704, 2015 WL 2238660 (N.D. Ohio May 12, 2015).  Advocates for Basic Legal Equality, Inc. ("ABLE"), a non-profit law firm focused on assisting low and moderate income families enrolled in a government mortgage program, brought three False Claims Act ("FCA") claims against U.S. Bank based on its purported mortgage lending practices.  The district court found that while ABLE had pled FCA claims for false certification, the complaint was nevertheless subject to dismissal on public disclosure grounds.  The court went on to reject ABLE's original source argument, reasoning that its purported information was derivative and based on conversations with families impacted by U.S. Bank's mortgage practices.