In the six months since the U.S. Department of Justice lawyers issued guidance that drew widespread attention from the whistleblower bar, lawyers on both sides of the qui tam arena differ significantly about the consequences of the so-called Brand and Granston memos.

One thing they do agree on, however, is that the memos are showing up in court cases when defendants introduce them to bolster their arguments. Plaintiffs lawyers claim the memos are helping corporate defendants in court.