Category: False Claims Act

Free Webinar on July 28th to Celebrate Whistleblower Appreciation Day – #ilovewhistleblowers

Join whistleblower attorney Clayton Wire on July 28th at 12:00 pm MST at ilovewhistleblowers.com for a free webinar: Whistleblower Protections & Incentives. This webinar, and the other information on ilovewhistleblowers.com, are a celebration of the 239th anniversary of America’s first whistleblower statute, which has become Whistleblower Appreciation Day. The webinar will discuss the history of…




In-House Counsel as Relators in False Claims Act Qui Tam Lawsuits

I recently published a post for my article on in-house counsel whistleblowers here, and this is a deeper dive into the False Claims Act issues that attorney-whistleblowers may face. Generally, an in-house attorney may be a relator in a Qui Tam action against their employer only if the ethical rules applicable to that attorney would permit…




Article on In-House Attorney Whistleblowers

The recent $10 million jury award to a general counsel turned whistleblower in Wadler v. Bio-Rad Laboratories, Inc., Case No. 15-cv-02356 (N.D. Cal. Dec. 20, 2016), which I will address in a deeper dive in a few days, highlights the complexities of whistleblower claims by in-house counsel. I recently published an article on the very issue…




The Adventures of Dickie Scruggs: How the FCA’s Seal Requirement Became Less Scary

Yesterday, December 6, 2016, the U.S. Supreme Court issued its opinion in State Farm Fire & Casualty Co. v. U.S. ex rel. Rigsby et al., 580 US __ (2016), available here. The primary issue in that case was whether a violation of the False Claims Act’s (FCA) seal requirement mandated dismissal of the relator’s Qui…




SCOTUS to Address Tragic False Claims Act Case on Viability of Implied Certification Theory

On April 19, 2016, the Supreme Court will hear oral argument regarding a False Claims Act case that could have significant effects for Qui Tam cases in the future. In Universal Health Services Inc. v. U.S. ex rel Escobar the Court will address the distinction between implied versus express certification and between preconditions that relate…




Retention of Employer Documents by Whistleblowers Part 5—Retaining Documents as Protected Activity Under the False Claims Act

A whistleblower’s acquisition and dissemination of documents may also be protected or privileged under the recently strengthened anti-retaliation and whistleblower provisions of the False Claims Act (FCA). The FCA arguably provides the broadest protection for individuals who collect and retain documents that relate to their employer’s wrongdoing.  Under the FCA, retention of documents has been…