Bank of New York Mellon Corp. False Claims Act Foreign Exchange Litigation ex rel. FX Analytics v. Bank of New York Mellon Corp.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS

INTRODUCTION

In this action for breach of contract and related claims, defendants move to dismiss. For the following reasons, defendants’ motion is Granted in part and Denied in part.

STATEMENT

Qui tam plaintiff (or “relator”) FX Analytics, a Delaware general partnership, filed this action under seal in Alameda County Superior Court pursuant to the California False Claims Act (“CFCA”). Under the CFCA, a person with independent knowledge of the facts may bring a qui tam action for and in the name of a political subdivision. The suit is filed under temporary seal and the qui tam plaintiff must immediately notify the Attorney General and disclose all pertinent information in the plaintiffs possession. The Attorney General must then provide similar notice and disclosure to the prosecuting authority of the affected political subdivision. After investigation, the pertinent official or officials may intervene in the qui tam suit and assume control of the action. The qui tam plaintiff may remain a party. State ex rel. Harris v. Pricewaterhouse-Coopers, LLP, 39 Cal.4th 1220, 1228 , 48 Cal.Rptr.3d 144 , 141 P.3d…