Connie Bertram

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Supreme Court Considers Review of Two False Claims Act Whistleblower Suits

The Supreme Court is considering whether to hear two whistleblower cases under the False Claims Act (“FCA”), both on appeal from the Fourth Circuit.  The Supreme Court has asked the U.S. Solicitor General to weigh in before the Court decides whether to hear either case.  The two cases are Kellogg Brown & Root Services Inc. … Continue Reading

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Since launching our Whistleblower Defense Blog in November 2012, we have committed to becoming a go-to resource for timely and insightful content regarding critical legal developments in the whistleblower arena, and to provide practical guidance for tackling whistleblower issues in advance of and during litigation.  Our coverage has ranged from cutting-edge decisions from courts around … Continue Reading

Expanded Whistleblower Provisions Applicable To Federal Contractors And Subcontractors Take Effect

Yesterday a significant expansion of whistleblower protections for employees of federal contractors and subcontractors took effect.  The National Defense Authorization Act for 2013 (“NDAA”) extended whistleblower protections to an employee of a “contractor, subcontractor, or grantee” who makes a claim of gross mismanagement, gross waste, abuse of authority, a substantial and specific danger to public … Continue Reading

Federal Government’s FCA Claims Against Iraq Security Contractor Dismissed

The Eastern District of Virginia dismissed a False Claims Act complaint brought by the government and a whistleblower, finding that the government failed to adequately plead that it relied on allegedly false marksmanship tests when it paid a government contractor.  U.S. ex rel. Badr v. Triple Canopy, Inc., Case No. 1:11-cv-288 (E.D. Va. June 19, … Continue Reading

Kinetic Moves To Disqualify Counsel In False Claims Act Qui Tam Action For Improper Use Of Contractor’s Privileged Documents

Arguing that relators’ counsel has retained and used, without authority, more than 800 of its attorney-client privileged and work product documents, Kinetic Concepts, Inc. (“KCI”) has asked the District Court for the Central District of California to disqualify opposing counsel in United States ex rel., Steven J. Hartpence v. Kinetic Concepts, Inc., Case No. 08-01885 … Continue Reading

Tyco Seeks En Banc Review of Controversial Third Circuit Wiest v. Lynch Decision

Tyco Electronics Corporation filed a Petition for Rehearing En Banc with the Third Circuit on April 2, 2013 asking the court to reconsider its March 19 decision in Wiest v. Lynch, No. 11-cv-4257, 2013 U.S. App. LEXIS 5345 (3d Cir. Mar. 19, 2013).  The Tyco petition rightly takes the Wiest majority to task on a … Continue Reading

The Fourth Circuit Suspends Statutes Of Limitations On False Claims Act Claims During Times Of War And Holds That The “First To File” Rule Does Not Apply Once Initial Action Has Been Dismissed

In United States ex rel. Carter v. Halliburton Co., No. 12-1011 (4th Cir. Mar. 18, 2013), the Fourth Circuit held that the statute of limitations for False Claims Act claims is suspended during times of war.  The court also held that the rule barring a False Claims Act plaintiff (a “relator”) from bringing a claim … Continue Reading

The Fourth Circuit Upholds Entry of Summary Judgment in Favor of CIED Manufacturers, Finding that Complaints Concerning Module-Level Testing Were Not Protected Activity Under FCA Whistleblower Provision

This blog entry was written by Connie N. Bertram, who represented the defendant contractors in the proceedings before the district court. Plaintiff, former engineer for defendant Impact Science & Technology, Inc. (IST), brought suit against IST and related entities under the whistleblower provisions of the False Claims Act (FCA) in 2007.  A federal district court … Continue Reading

Sign Up For Proskauer’s Comprehensive Whistleblowing & Retaliation Webinar Series

On Tuesday, March 26, 2013, Proskauer’s Whistleblower & Retaliation Practice Group will be hosting the first of several webinars as part of the Whistleblowing & Retaliation Webinar Series.  The first program, titled SOX and Dodd-Frank Whistleblower Claims and Bounties: Understanding the New Landscape and Minimizing the Risks, will focus on the surge in whistleblower and … Continue Reading

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 the way for two plaintiffs to bring their False Claims Act (FCA) retaliation claims in Federal court. … Continue Reading

OSHA Issues Interim Final Rule on PPACA Whistleblower Provision

On February 22, 2013, the federal Occupational Safety and Health Administration (OSHA) released an interim final rule concerning the whistleblower protection provisions of The Patient Protection and Affordable Care Act (PPACA). The PPACA whistleblower provision protects employees of health insurance issuers or other employers who report potential violations of the statute’s consumer protections (e.g., the … Continue Reading

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