News & Analysis as of

False Claims Act (FCA) Retaliation Fraud

Bass, Berry & Sims PLC

False Claims Act Decisions to Know from Q2 2024

Bass, Berry & Sims PLC on

In case you missed it, this post recaps some key False Claims Act (FCA) decisions and case updates from the second quarter of this year. Courts weighed in on the FCA’s anti-retaliation provision, its first-to-file bar, and...more

Bradley Arant Boult Cummings LLP

False Claims Act - 2023 Year in Review

As we do every year, this issue revisits the key cases and other developments from the year gone by. And by most metrics, 2023 was a notable year for the False Claims Act (FCA). We start with the numbers: The Department...more

Proskauer Rose LLP

Top 10 Whistleblowing and Retaliation Events of 2023

Proskauer Rose LLP on

2023 was another groundbreaking year for whistleblower litigation and bounty awards. The U.S. Securities and Exchange Commission shattered records by issuing a $279 million award and continued to actively enforce the...more

Kohn, Kohn & Colapinto LLP

Bipartisan Amendments Introduced to Further Strengthen the False Claims Act

On July 25, 2023, Senator Chuck Grassley (R-Iowa) and Senator Dick Durbin (D-IL.) introduced amendments to the False Claims Act (FCA), a law that protects the federal government from fraud, saving taxpayers billions. The FCA...more

Tucker Arensberg, P.C.

Third Circuit Clarifies FCA Retaliation Standard Under Amended Anti-Retaliation Provision

Tucker Arensberg, P.C. on

The False Claims Act (the “FCA” or “Act”) prohibits the knowing presentation of a “false or fraudulent claim for payment or approval” to the federal government. 31 U.S.C. 3729(a)(1)(A). To assist the government in recovering...more

Locke Lord LLP

Whistleblower Retaliation Claims for Alleged PPP Loan Fraud

Locke Lord LLP on

After numerous headlines, press releases, and law enforcement efforts, including the Department of Justice’s new COVID-19 Fraud Strike Force teams, there may be increased traffic at the intersection between allegations of PPP...more

Bass, Berry & Sims PLC

Third Circuit Upholds Firing of Whistleblower Accused of Harassment by Oinking

On August 26, the U.S. Court of Appeals for the Third Circuit issued an order reaffirming that potential False Claims Act (FCA) whistleblowers are not immune from being fired for workplace misconduct, especially where that...more

Bass, Berry & Sims PLC

Anti-Retaliation under the False Claims Act

The False Claims Act encourages whistleblowers to come forward when they suspect their employer is committing fraud. This post provides a general overview of the False Claims Act’s anti-retaliation provision, which protects...more

Wiley Rein LLP

PPP Borrowers Beware: More Money Can Lead to More Problems

Wiley Rein LLP on

Since the Small Business Administration’s (SBA) Paycheck Protection Program (PPP) rollout in the early months of the COVID-19 pandemic, lenders have approved more than 9.8 million loans, totaling more than $762 billion, to...more

ArentFox Schiff

Investigations Newsletter: Sixth Circuit: False Claims Act Anti-Retaliation Provision Extends to Post-Employment Retaliation

ArentFox Schiff on

Sixth Circuit Splits with Tenth, Holds False Claims Act Anti-Retaliation Provision Extends to Post-Employment Retaliation - On March 31, 2021, the US Court of Appeals for the Sixth Circuit addressed an issue of first...more

Bradley Arant Boult Cummings LLP

False Claims Act 2020 Year in Review

This year saw substantial activity in FCA settlements and litigated court cases. Although no single case or development dominated the discourse this year, several important court decisions were issued, including two that may...more

Akin Gump Strauss Hauer & Feld LLP

Reducing False Claims Act Exposure in the Aftermath of COVID-19 Legislation

- The government has pledged to prioritize investigations and prosecutions regarding alleged frauds related to coronavirus programs. - The False Claims Act is the government’s primary enforcement tool to prosecute alleged...more

Foley & Lardner LLP

Can A Whistleblower Release Her Retaliation Claim Under The False Claims Act?

Foley & Lardner LLP on

Although a whistleblowing employee typically cannot release fraud claims against her employer brought on behalf of the United States under the False Claims Act (FCA), courts have demonstrated a willingness to enforce properly...more

Polsinelli

Tenth Circuit Confirms that Compliance Employees Must Satisfy Heavier Burden to Obtain FCA Whistleblower Protection

Polsinelli on

On April 30, 2019, the U.S. Court of Appeals for the Tenth Circuit in United State ex rel. Reed v. KeyPoint Government Solutions affirmed the dismissal of an employee’s False Claims Act (FCA) whistleblower retaliation claim....more

Bass, Berry & Sims PLC

Fourth Circuit Weighs in on Standards for Pleading Presentment and Retaliation

On December 26, 2018, the U.S. Court of Appeals for the Fourth Circuit issued an opinion in United States ex rel. Grant v. United Airlines affirming dismissal of the relator’s False Claims Act (FCA) allegations on the grounds...more

Proskauer - Whistleblower Defense

E.D. Virginia Allows FCA Whistleblower Retaliation Claim To Proceed

Background. Plaintiff worked with the Senior Advisor for Veteran Employment for the Department of Veteran Affairs (“Senior Advisor”) to develop an online veterans’ employment assistance program. The Senior Advisor’s husband...more

Polsinelli

Provider Alleges Retaliatory Use of Medicare Payment Suspension

Polsinelli on

A federal court has ordered discovery regarding the circumstances of a Medicare payment suspension by CMS only one week after failed settlement negotiations between a cardiology practice and the Department of Justice (DOJ) to...more

Proskauer - California Employment Law

Employee Could Proceed With Whistleblower Claims

Brian McVeigh, a former Operations Supervisor for Recology, alleged Recology fired him in retaliation for his reporting possible fraud in connection with California Redemption Value payments made by and to Recology for...more

Proskauer - Whistleblowing & Retaliation

Eastern District Of Virginia Rules That Employer Cannot Arbitrate False Claims Act Retaliation Claims

On Wednesday, the Eastern District of Virginia in Winston v. Academi Training Center, Inc., No. 1:12-cv-767 (July 12, 2012), declared an arbitration provision in an independent contractor agreement unconscionable, clearing...more

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