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April 7, 2017 General

What Happens If a Prospective Employer Refuses to Hire You Because You Have Been a Whistleblower Before?

Although the federal False Claims Act (“FCA”) and most state statutes provide a whistleblower with claims against retaliation by an employer, it is not clear whether that protection extends beyond the specific company that you reported against.  Unfortunately, some prospective or subsequent employers might try to avoid hiring you or […]
April 5, 2017 General

Sweeping Decision Leaves Intact False Claims Act Claims Against Allergan, Inc.

In an opinion issued on March 31, 2017, District Judge Jesse M. Furman of the Southern District of New York substantially denied defendant Allergan, Inc.’s motion to dismiss claims arising under the False Claims Act (“FCA”) and state statutory analogs, in litigation captioned United States ex rel. Wood v. Allergan, […]
March 29, 2017 General

How to Calculate Damages for False Claims Act Cases Based on Research Grant Fraud

The federal government, through its agencies, offers grant funding opportunities to private individuals and entities.  Numerous federal agencies offer grants, including the Department of Defense, Health and Human Services and the Department of Energy.  Often federal grants are aimed at funding innovative research. In a nutshell, the grant process involves […]
March 27, 2017 General

Another Court Provides Strong Support for Whistleblower Use of Confidential Employer Documents to Expose Alleged Fraud

One of the ways in which companies attempt to discourage whistleblowing or to punish actual whistleblowers is by asserting legal claims against them for using company documents, sometimes in violation of employment agreements or other company employee policies or under various tort laws.[1] In one recent case, for example, the corporate […]
March 24, 2017 General

The Federal Anti-Kickback Statute

The federal Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b), (“AKS”) arose out of congressional concern that remuneration provided to those who can influence healthcare decisions would result in goods and services being provided that are medically unnecessary, of poor quality, or harmful to a vulnerable patient population. To protect the integrity […]