Category: Qui Tam

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…




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…




Retention of Employer Documents by Whistleblowers Part 3—Using the Information

After the whistleblower has already collected the documents, and assuming that he or she still retains the documents, the next question is what can you do with the information collected? The type of information may constrain how the documents may be used.  For instance, many courts are hesitant to allow a plaintiff to use privileged…




Obamacare

Obamacare’s Liberalization of the FCA’s “Original Source” Requirement and “Public Disclosure” Prohibition

Under the False Claims Act (FCA), in order to bring a Qui Tam claim, the Relator must be an “original source” of the information upon which the lawsuit is based, and that information cannot have been the subject of a previous “public disclosure.”  These requirements were recentlly significantly changed to encompassed a broader spectrum of Relators…