Tag Archives: False Claims Act

Defend Trade Secrets Act Immunization for Whistleblowers: More Effective Than the Average Flu Shot?

Defend
A unique feature of the Defend Trade Secrets Act (DTSA)—the federal statute opening federal courthouse doors to civil claims for trade secret misappropriation—is that it gives immunity from civil or criminal liability to whistleblowers under federal or state trade secret laws for disclosing a trade secret in confidence to a government official or an attorney … Continue reading this entry

More Whistleblowing Means More Worries for Employers

Employer
If you are an employer in the health care or defense industry, in addition to compliance with the panoply of employment laws you must adhere to, employers must also be attuned to their exposure to whistleblower claims under the federal False Claims Act (FCA). There has been a veritable explosion of recent FCA whistleblowers bringing … Continue reading this entry

Whistleblowers Must Have Independent Knowledge to Actually Blow the Whistle

EEOC
To bring a valid qui tam action and overcome the so-called “public disclosure bar” under the False Claims Act (“FCA”), a whistleblower must have direct knowledge of the alleged fraudulent activity, independent of already publicly disclosed information. Seems simple enough, you might say. But of course, simplicity in the application of what seem like common … Continue reading this entry

Don’t Get Fried by Davis-Bacon

Web sites abound advising employees they can make “millions” by blowing the whistle on their employers for alleged violations of laws, rules, or regulations. The federal law known as the False Claims Act (FCA) also contains antiretaliation provisions prohibiting employers from discriminating against employees who make such claims.… Continue reading this entry

How Employers Faced With Potential False Claims Act Liability May Avoid Liability for Whistleblower Retaliation

Under the False Claims Act, a private whistleblower can bring suit on behalf of the federal government to recover funds fraudulently obtained from the government. See 31 U.S.C. § 3730. It is not uncommon for the whistleblower, who can keep up to 30 percent of the government’s total recovery, to be an employee of the … Continue reading this entry