California’s Rules of Professional Conduct generally prohibit an attorney, directly or indirectly, from communicating with a represented party, including the party’s employees. However, this rule did not apply to prohibit communications between two qui tam plaintiffs and the defendant-employer’s current employees, the California Court of Appeal has held in a case under the California False Claims Act (FCA). San Francisco United Sch. Dist. ex. rel. Contreras v. First Student, Inc., No. A134405 (Cal. Ct. App. Feb. 19, 2013). Vacating the injunction granted by the trial court, the Court also ruled that the injunction violated the state law’s prohibition against employer interference with employee communications and raised First Amendment concerns.
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