It is essential for employers that work with the federal government to stay up to date on the federal False Claims Act (“FCA”). In 2020, individual employees were front and center in the government’s enforcement of the FCA, both receiving money for bringing action against their employers and having to pay out money as part
The Whistleblower’s Show Can Go On: Georgia Supreme Court Allows Complaint to Proceed Despite Inconsistent Bankruptcy Filing
Your former employee sues you, but your employee-plaintiff filed for bankruptcy. You diligently research the bankruptcy filings and discover the employee did not disclose the lawsuit against you in those filings, which are sworn to under oath. You might have a winner to get out of the case, right? Well, it is not quite that
Whistleblower Activity Drives False Claims Act Suits in 2019
Companies that work with the federal government (think government contracts, grant funding, and Medicare and Medicaid reimbursements) need to stay up to date on the federal False Claims Act (FCA). Employee whistleblowers continue to use the FCA as one of their prime tools to bring actions against their employers. In 2019, whistleblowers filed 636 new
For Whom the Whistle Blows: Preventing Retaliation Is Serious Business
Various federal statutes contain whistleblower provisions that protect employees who raise or report concerns that range from workplace safety, securities laws violation, or false claims submitted to the federal government. Different activities are protected depending on the statute at issue. Generally, retaliation protection kicks in if the employee reports conduct that he or she reasonably
Does It Depend on Who Hears the Whistle? Supreme Court Narrows Whistleblower Protection for Reporting SEC Violations
If you report a suspected SEC violation to your company, but not to the SEC, are you a protected whistleblower? Not according to the Supreme Court’s decision resolving a circuit split on who is entitled to Dodd-Frank’s whistleblower protections. On Wednesday, in Digital Realty Trust, Inc. v. Somers, the Supreme Court ruled 9-0 in favor
In Case You Missed It: False Claims Act Suits Relied Heavily on Whistleblowers in 2017
Companies that work with the federal government (think Medicare and Medicaid reimbursements, government contracts, grant funding) need to stay up to date on the False Claims Act (FCA). The FCA is one of the primary tools used by employee whistleblowers to bring actions against their employers. In 2017, whistleblowers filed 674 new FCA actions and
Where Was the Whistle Blown? Split in Circuits over Retaliation Protection for Reporting Securities Violations
If you report your company for a federal securities violation, just how safe is your job? Curiously, that may depend on where you live. Recently, the Ninth Circuit weighed in, adding to a split among courts across the country regarding retaliation protection for employees who turn in their employers for violations of federal securities laws.
Shootin’ Blanks: Tennessee Appeals Court Dismisses Officer’s Whistleblower Suit Over Live Ammo’s (Almost) Use
Reminder to Tennessee whistleblowers and employers: a Tennessee Public Protection Act (“TPPA”) suit only works if the purported whistleblower has a reasonable belief that what occurred was actually illegal.
To prevail on a TPPA claim, the plaintiff must show, among other elements, that he or she refused to participate in or remain silent about an