Proskauer Whistleblower Defense

Tag Archives: False Claims Act

Sanctions Award Strengthens Fight to Protect Confidential Company Records

By Connie Bertram and Amy Blackwood on Posted in False Claims Act
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 termination. The ruling was based on a decision this summer that the former employee willfully and deliberately disobeyed established norms of … Continue Reading

Third Circuit Revives In-House Attorney’s Whistleblower Claim

By Steven J. Pearlman, Harris Mufson and McKenzie A. Wilson on Posted in Dodd Frank, False Claims Act, SEC, SOX Whistleblower Decisions, State-Specific Whistleblower Claims
On April 12, 2017, the Third Circuit partially revived a former in-house attorney’s whistleblower retaliation lawsuit against his previous employer.  Danon v. Vanguard Group, Inc., No. 16-cv-2881. Plaintiff, a former in-house tax lawyer, previously raised retaliation claims against the Company in New York State Court under the New York False Claims Act, alleging he was … Continue Reading

Seventh Circuit Issues Ruling Interpreting False Claim Act Whistleblower Amendments

By Connie Bertram and Daniel Davis on Posted in False Claims Act
The Seventh Circuit recently issued a decision interpreting the anti-retaliation provisions of the False Claims Act (FCA).  The decision provides important clarifications about how courts may interpret recent amendments to this provision.  Like a recent decision by the Fourth Circuit, the Seventh Circuit finds that courts may inquire whether the employee’s underlying complaint of FCA … Continue Reading

Fourth Circuit Issues Ruling Interpreting False Claim Act Whistleblower Amendments

By Connie Bertram and Daniel Davis on Posted in False Claims Act
The Fourth Circuit recently issued a decision interpreting the anti-retaliation provision of the False Claims Act (FCA).  The decision provides important clarification about how courts may interpret 2009 and 2010 amendments to the anti-retaliation provision.  Specifically, it finds that courts may inquire whether the employee’s underlying complaint of FCA fraud is objectively and subjectively reasonable.… Continue Reading

Court Recognizes Limitations on Relator’s Ability to Bring Multiple Suits in U.S. v. Cellco

By Connie Bertram and Andrew Aitchison on Posted in False Claims Act
A federal circuit court decision issued last week recognizes important limitations on a relator’s ability to bring multiple lawsuits against the same contractor or alleging related fraud.  The U.S. Court of Appeals for the District of Columbia Circuit held that allowing multiple suits by the same relator would violate the intent behind the “first-to-file” rule: … Continue Reading
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