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False Claims Act (FCA) › Adverse Employment Action

Pietragallo Gordon Alfano Bosick & Raspanti,...

A “Plaintiff-Friendly” Standard For SOX Whistleblowers – A Helping Hand For FCA Relators?

Pietragallo Gordon Alfano Bosick & Raspanti,... on

On February 8, 2024, the US Supreme Court issued a unanimous opinion in Murray v. UBS Securities, LLC, No. 22-660 (U.S. 2024) restoring a $900K jury verdict in favor of a whistleblower under the Sarbanes-Oxley Act (SOX)...more

Epstein Becker & Green

Massachusetts Federal Judge Rules that Protected Activity Does Not Shield an Employee from the Consequences of Engaging in...

Epstein Becker & Green on

On November 13, 2023, in USA ex rel, Morgan-Lee, et al. v. The Whittier Health Network, LLC, et al., a Massachusetts federal district judge concluded that although the plaintiff engaged in protected activity when she raised...more

Proskauer - Whistleblower Defense

Florida District Court Limits Scope of Protected Activity under the FCA

Proskauer - Whistleblower Defense on

On March 29, 2022, the U.S. District Court for the Southern District of Florida held that in order to engage in protected conduct under the False Claims Act (“FCA”), a plaintiff must specifically suspect that their employer...more

Dorsey & Whitney LLP

Fired Employee Alleges Employer Unlawfully Retaliated Against Him For Complaining of PPP Fraud

Dorsey & Whitney LLP on

Civil litigation by private parties alleging False Claims Act (“FCA”) violations related to Paycheck Protection Program (“PPP”) fraud appears to be heating up. On September 22, 2021, a former restaurant manager filed a...more

Polsinelli

Protected Activity or Terminable Misconduct? — Government Contractor Update

Polsinelli on

It has become almost routine for employees pursuing whistleblower and other employment-related claims against their employer to engage in "self-help discovery," using their access to files and databases to collect and gather,...more

Fisher Phillips

Third Circuit Confirms “But-For” Standard for Retaliation Claims Under the False Claims Act

Fisher Phillips on

Last month, the Third Circuit Court of Appeals held that an employee’s protected activity must be the “but for” cause of an adverse action to support a claim for retaliation under the False Claims Act (“FCA”). The Court...more

Foley & Lardner LLP

Are FCA Retaliation Claims Against Supervisors, Executives Viable?

Foley & Lardner LLP on

When the False Claims Act (FCA) retaliation provision was amended in 2009, the amendment was not explicit as to whether plaintiffs could only recover for retaliation claims against companies, or whether plaintiffs also could...more

Proskauer - Whistleblowing & Retaliation

E.D.N.Y Denies Motion For Summary Judgment In FCA Retaliation Case Based On Finding Of Pretext

Proskauer - Whistleblowing & Retaliation on

The U.S. District Court for the Eastern District of New York recently found that two former employees of Eihab Human Services (Company) raised a genuine issue of material fact as to whether they were discharged in retaliation...more

Proskauer - Whistleblowing & Retaliation

Trends in N.J. Whistleblowing and Retaliation Law – 2014 Roundup

Proskauer - Whistleblowing & Retaliation on

2014 was another busy year for developments in whistleblowing and retaliation law in New Jersey. This blog post summarizes noteworthy state and federal cases for employers to consider in the new year....more

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