ATTORNEY NEWSLETTER False Claims Act Whistleblower Protections Who And What Is Protected? What Acts Of Retaliation Are Prohibited And What Are An Employee’s Remedies? The False Claims Act (“FCA”), 31 U.S.C. § 3729 et seq., protects employees, contractors, and agents who engage in protected activity from retaliation in the form of their […]

ATTORNEY NEWSLETTER Retaliation Takes Serious Toll On Whistleblowers  Potent Remedies In Whistleblower Protection Laws Burden Of Proof And Damages All too often, whistleblowers who disclose fraud to their employers, law enforcement, or government agencies suffer retaliation by their employers.  Whistleblower retaliation takes a serious toll on whistleblowers and their families […]

ATTORNEY NEWSLETTER In a recent ruling that has implications for whistleblowers filing under the False Claims Act, the Ninth Circuit Court of Appeals reversed a lower court decision. The ruling should lead to more whistleblowers filing qui tam lawsuits. In this case, United States ex rel. Hartpence v. Kinetic Concepts, […]

Why Protecting Whistleblowers Pays Dividends ATTORNEY NEWSLETTER At a time when businesses and governments seem more eager than ever to cover up their wrongdoings, it’s worth asking what benefit there is in strong whistleblower protections. The benefit to the whistleblower is obvious: these protections enable them to act on their […]

ATTORNEY NEWSLETTER The Securities and Exchange Commission issued guidance this week regarding their whistleblower protections. This reinforced their stance that whistleblowers are protected against retaliation even if they report internally within their company, rather than to the agency, first. The Dodd-Frank Act, which created the SEC whistleblower program, had whistleblower […]

ATTORNEY NEWSLETTER Two pharmaceutical companies, AstraZeneca and Teva Pharmaceutical’s Cephalon unit, have settled with the government after facing claims about rebates underpayment to Medicaid programs. The two companies have agreed to pay over 50 million dollars as a result of the Medicaid fraud allegations. This is one of the latest […]

ATTORNEY NEWSLETTER The Securities and Exchange Commission paid out $3 million to a whistleblower who helped the commission crack a complex fraud case. The whistleblower, a company insider, received the third-highest award given by the SEC whistleblower program thus far. The whistleblower’s tip led to related actions, and gave very […]

ATTORNEY NEWSLETTER Since the inception of the Securities and Exchange Commission’s whistleblower program when the Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law in 2010, the SEC has done what it takes to make the program successful. In addition to awarding payments of over $50 million […]

ATTORNEY NEWSLETTER Supreme Court’s opinion in Kellogg, Brown & Root Services, Inc. v. United States ex. Rel. Carter has mixed implications for both relators and the defense side. The court’s ruling on the Wartime Suspension of Limitations Act (WSLA) and the “first to file” provision of the False Claims Act […]

ATTORNEY NEWSLETTER The U.S. Senate recently approved the Motor Vehicle Safety Whistleblower Act, which provides whistleblower protections and bounties to individuals who report motor vehicle defects. The bill was unanimously approved. The act, aimed at improving safety in the auto industry, incentivizes employees and contractors of automakers, parts suppliers, and […]