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Philips Recalled CPAP, Bi-Level PAP, and Mechanical...
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April 18, 2018
General
Anti-Retaliation Whistleblower Protection Under Dodd-Frank
Fifth Court Differentiates Whistleblower Protection If Whistleblower Reports to SEC or Internally to Company The Fifth Circuit ruled on June 17, 2013, that anti-retaliation provisions in Dodd-Frank only protect whistleblowers who disclose alleged fraud to the U.S. Securities and Exchange Commission (“SEC”) and not just internally to the company. The […]
April 18, 2018
General
3 Types of Qui Tam Off-Label Marketing Cases
1. Off-Label Marketing vs. Off-Label Prescribing The Food and Drug Administration (“FDA”) requires that drugs be proven to be safe and effective for a particular use before they can be marketed. The FDA’s approval is always limited to use or uses for which the manufacturer has submitted evidence of safety […]
April 18, 2018
General
False Claims Act Liability and Fraudulent Applications for Federally Guaranteed Loans
Is there False Claims Act liability regarding fraudulent applications for federally guaranteed loans where: there are no defaults on those loans after the government guarantees them; the government is not required to expend any funds in support of those guarantees; or the government is otherwise not financially harmed? The question […]
April 18, 2018
General
False Claims Act’s “Alternate Remedy Provision” & The SEC Whistleblower Statute’s “Related Action” Provision
What is the False Claims Act Alternative Remedy Provision? When a relator brings a false claims action in the name of the Government under the False Claims Act (“FCA”), the Government may elect to pursue its claim through any alternate remedy available to the Government, including any administrative proceeding, to determine a civil money […]
April 18, 2018
General
Indiana False Claims and Whistleblower Protection Act
In 2005, the State of Indiana passed the Indiana False Claims and Whistleblower Protection Act (“Indiana FCA”), its own version of the federal False Claims Act (“FCA”). The Indiana FCA allows private individuals who know about fraud to bring a qui tam case against a person or entity for submitting or causing […]
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