News & Analysis as of

False Claims Act (FCA) Confidentiality Agreements

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

Mintz - Health Care Viewpoints

Third Circuit Dismisses FCA Case Under Pre-ACA Version of Public Disclosure Bar

The Third Circuit Court of Appeals recently dismissed a relator’s False Claims Act (“FCA”) case under the pre-Affordable Care Act (“ACA”) version of the public disclosure bar. The court decided in U.S. ex rel. Denis v. Medco...more

Sheppard Mullin Richter & Hampton LLP

Nota Bene Episode 37: How to Prevent or Defend Against Business Crimes with Chuck Kreindler

As companies continue to grow and expand across the world, the need to remain vigilant about protecting and defending against business crimes such as trade secret theft and human trafficking becomes increasingly important....more

Proskauer - Whistleblower Defense

Sanctions Award Strengthens Fight to Protect Confidential Company Records

On October 18, 2017, a federal district judge in Alaska ordered a former employee to pay nearly $170,000 of his ex-employer’s legal fees as sanction for removing nine attorney-client privileged documents prior to his...more

Orrick, Herrington & Sutcliffe LLP

Limits On "Self-Help" Discovery In FCA Cases

As illustrated by a recent decision by a federal court in Massachusetts, it is not uncommon for an employee to take company documents that the employee believes will support a claim under the False Claims Act 31 U.S.C. 3729...more

Thomas Fox - Compliance Evangelist

Whistleblower Conference Agenda Sizzles with Hot Topics

2016 was more than simply the most robust year in Foreign Corrupt Practices Act (FCPA) enforcement. It was also a record year in Securities and Exchange Commission (SEC) whistleblower awards and additionally the year the SEC...more

Saul Ewing LLP

Texas Court Holds Compliance Auditor Not Liable to Employer for Alleged Use of Confidential Information in FCA Suit Against...

Saul Ewing LLP on

A Texas appellate court recently affirmed a judgment against a healthcare consulting firm that claimed that its former employee had misappropriated its confidential information to use in a False Claims Act (“FCA”) lawsuit...more

Saul Ewing LLP

Court Throws Out Counterclaim That Whistleblower Divulged Confidential Information

Saul Ewing LLP on

A federal judge recently dismissed a company’s counterclaim that it brought against a whistleblower for violating the company’s privacy policy and a confidentiality agreement by providing the government with confidential...more

Blank Rome LLP

An Overbroad Confidentiality Agreement Could Cost Your Company a DoD Contract, or Worse

Blank Rome LLP on

Action Item: Defense contractors should promptly examine their personnel policies and employee confidentiality agreements to avoid a serious risk created by a new DoD Contract Clause and Certification. If a contractor’s...more

Foley & Lardner LLP

A Review of Recent Whistleblower Developments

Foley & Lardner LLP on

SEC Awards Another Whistleblowing Compliance Officer - On April 22, 2015, the Securities and Exchange Commission (SEC) announced an award between $1.4 and $1.6 million to a compliance officer who provided information...more

McGuireWoods LLP

Does the False Claims Act Preempt An Attorney Relator’s Ethical Obligations?

McGuireWoods LLP on

In United States ex rel. Holmes v. Northrop Grumman Corp., No. 1:13-cv-85, 2015 WL 3504525 (S.D. Miss. June 3, 2015), the court answered this question with a resounding “no” and provided a laundry list of ethical violations...more

Akerman LLP - Health Law Rx

Court Allows Counterclaim Against Whistleblower for Breach of Employment Agreement

A federal court in New Jersey has permitted a defendant in a False Claims case to defend itself on the grounds that the whistleblower/ex-employees breached their employment agreements by using and disclosing confidential...more

Mintz - Health Care Viewpoints

Can a Relator Be Held Liable for Using Confidential Company Documents to Support a Qui Tam Case?

Last week, the U.S. District Court for the Eastern District of Pennsylvania issued a decision in Walsh et al. v. Amerisource Bergen Corp. et al denying the Relator’s motion to dismiss a counterclaim that alleged the Relator...more

Littler

Retaliation and Whistleblower Claims by In-House Counsel

Littler on

In This Issue: - Whistleblower protections and in-House Counsel - Sarbanes-oxley - The Dodd-Frank Act - The False Claims Act - Common Law Wrongful Discharge Claims - The Ethical...more

14 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide