False Claims Act retaliation provision Archives

False Claims Act Retaliation Decision Calls into Question Heightened Notice Standard for Fraud Alert Employees

A recent decision denying summary judgment in a False Claim Act retaliation case signifies further erosion of the “distinct possibility” standard that governed FCA retaliation … Continued

DOJ’s FY 2021 False Claims Act Recoveries Exceed $5.6 Billion, Including $1.6 Billion from Whistleblower Qui Tam Actions

The Department of Justice has announced that during FY 2021, it obtained more than $5.6 billion in settlements and judgments from civil cases involving fraud and … Continued

Sixth Circuit Clarifies When Statute of Limitations Commences in False Claims Act Whistleblower Retaliation Cases

On January 10, 2022, the Sixth Circuit held in El-Khalil v. Oakwood Healthcare, Inc., 2022 WL 92565 (6th Cir. Jan 10, 2022) that the statute … Continued

Whistleblower Lawyer Speaking at CLE About Whistleblower Rights of Private Sector Employees

Whistleblower lawyer Jason Zuckerman will speak at a DC Bar CLE on June 15, 2021 titled Handling Whistleblower Claims Series 2021 – Rights of Private … Continued

Sixth Circuit Holds that False Claims Act Prohibits Post-Employment Retaliation

When Congress enacted the whistleblower protection provision of the False Claims Act, it recognized that “few individuals will expose fraud if they fear their … Continued

COVID Whistleblower Protection Act Would Provide Robust Protection for Disclosures About Pandemic-Related Appropriations

The multi-trillion-dollar federal spending to address COVID-19, including the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and the Paycheck Protection Program Flexibility … Continued

False Claims Act Whistleblower Recovers More than $2.5M in Damages in False Claims Act Whistleblower Retaliation Case

In November 2019, Danita Erickson, a former sales representative at Biogen, prevailed at trial on her claims under the whistleblower protection provision of the … Continued

Whistleblower Protection Lawyer Will Speak at TAF Conference About Whistleblower Retaliation Developments

Whistleblower protection lawyer Jason Zuckerman will speak at the October 4th Taxpayers Against Fraud annual conference about developments under whistleblower protection laws. The Taxpayers Against … Continued

Can a Government Contractor Bring a False Claims Act Whistleblower Retaliation Claim?

When Congress amended the whistleblower protection provisions of the False Claims Actin 2009, it added “contractors” and “agents” to the ambit of protected whistleblowers. The … Continued

False Claims Act Whistleblower Prevails in First Circuit Appeal

In an appeal to the First Circuit, a False Claims Act (FCA) whistleblower prevailed and established favorable precedent about protections for whistleblowers alleging violations of … Continued

Fourth Circuit Clarifies Broad Scope of False Claims Act Protected Whistleblowing

In David Grant v. United Airlines Inc., a False Claims Act (FCA) retaliation case brought by a United Aviation Maintenance Technician, the Fourth Circuit clarified … Continued

False Claims Act Retaliation Claim Does Not Preempt Massachusetts Wrongful Discharge Claim

Although federal whistleblower protection laws can provide robust protection against retaliation, most of them do not authorize punitive damages. Accordingly, some whistleblowers supplement statutory claims … Continued