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False Claims Act (FCA) › Retaliation › Corporate Counsel

Morrison & Foerster LLP

True Facts About False Claims: MoFo's FCA Newsletter

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Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we...more

Seyfarth Shaw LLP

Time Out! Third Circuit Bolsters Federal Whistleblower Protections

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Seyfarth Synopsis: On November 30, 2022, the U.S. Court of Appeals for the Third Circuit reversed the trial court’s dismissal of Plaintiff’s claim in Ascolese v. Shoemaker Const. Co. The case involved a retaliation claim...more

Baker Donelson

Protected Activity? Think Again.

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It is widely known that employers are prohibited from retaliating against employees for engaging in "protected activity." But what is "protected activity?" Unfortunately, the definition of "protected activity" varies widely...more

Epstein Becker & Green

Post-Employment Actions May Trigger Liability for Retaliation Under the False Claims Act

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Can an employer be held liable under the False Claims Act (“FCA”) for retaliation if it takes some adverse action against a former employee? Until recently, only one federal appellate court had addressed the issue, holding...more

Polsinelli

Retaliation Against a Former Employee Can Give Rise to a False Claims Act Retaliation Claim

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On March 31, 2021, in United States ex rel. Felten v. William Beaumont Hospital, the Sixth Circuit Court of Appeals held that an employer’s allegedly retaliatory conduct directed at an employee after the employee’s...more

Jackson Lewis P.C.

Tenth Circuit Rules That False Claims Act (FCA) Does Not Cover Post-Employment Retaliation

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In a win for employers, the Tenth Circuit Court of Appeals recently held that “…the False Claims Act’s anti-retaliation provision unambiguously excludes relief for retaliatory acts occurring after the employee has left...more

PilieroMazza PLLC

Contractor Execs Not Subject to Individual Whistleblower FCA Claims, Says Federal Judge

PilieroMazza PLLC on

In a recent Memorandum Opinion, T.S. Ellis, III, U. S. District Judge for the Eastern District of Virginia, has ruled that the retaliation provision of the False Claims Act (“FCA”) does not permit a whistleblower plaintiff to...more

Faegre Drinker Biddle & Reath LLP

False Claims that Don’t Violate the False Claims Act

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A recent Fourth Circuit decision answers this riddle, “How can a contractor knowingly submit a false claim to the government without violating the False Claims Act (FCA)?” Give up? The answer is blindingly obvious—once...more

McGuireWoods LLP

Fifth Circuit Provides Guidance on Who Has Standing to Pursue an FCA Retaliation Claim

McGuireWoods LLP on

In United States ex rel. Bias v. Tangipahoa Parish School Bd., — F.3d —-, 2016 WL 906227 (5th Cir. 2016), the Fifth Circuit provided guidance on the scope of individuals with standing to bring an FCA retaliation claim under...more

Littler

Retaliation and Whistleblower Claims by In-House Counsel

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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

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