News

Our reputation as a national leader in the field of prosecuting class action, commercial litigation, and qui tam cases makes headlines and shapes precedent across the country.Major media outlets and industry publications regularly consult Berger Montague lawyers as knowledgeable and insightful sources to comment on regulation, legislation, precedent-setting cases, and industry developments.To learn about the most recent activities of the firm and its attorneys, read on. If you are a member of the news media seeking to develop a story concerning a legal subject or newsworthy case, please contact Katherine Nolen at (215) 875-3042 or knolen@bm.net.

Release of Claims and the False Claims Act: An Employee’s Ability to Pursue Qui Tam Claims Against Its Former Employer After Signing a Release

In ruling on the viability of a qui tam suit filed after the relator has signed a release of claims with the alleged defendant, the courts focus on whether the government knew of the fraud alleged prior to the filing of the complaint and use a balancing test which weighs competing public policy interests when deciding whether or not to enforce the release.

  • October 1, 2011
  • False Claims Act/Qui Tam/Whistleblower
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For Cigarette Makers, Limits to Free Speech

Butt out is the message from four of the five largest cigarette manufacturers who have filed suit in a Washington, D.C., federal court challenging new FDA regulations that require them to print nine graphic images on their cigarette packaging.

Whistleblower Lawsuits Help Provide Stark and Anti-Kickback Statute Guidance

The False Claims Act (“FCA”) is designed to protect the federal treasury and to deter fraud committed against the government. The FCA places power within the hands of private citizens, allowing them to become “private attorney generals,” and, with the assistance of an attorney paid on a contingent fee basis, challenge government payments on behalf of the government.

  • July 4, 2011
  • False Claims Act/Qui Tam/Whistleblower
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WikiLeaks Versus Whistleblowers

Despite thousands of recent print, broadcast and Internet reports about WikiLeaks, the renegade website’s alleged whistleblowing activities and certain documents it has “published,” qui tam remains the first name in whistleblower; “journalist” remains the first name in publishing; and Julian Assange is neither.

  • February 21, 2011
  • False Claims Act/Qui Tam/Whistleblower
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The Superiority of Direct Proof of Monopoly Power and Anticompetitive Effects in Antitrust Cases Involving Delayed Entry of Generic Drugs

Branded prescription pharmaceutical manufacturers in recent years have gone to great lengths to delay the market entry of less expensive, but otherwise functionally identical, generic versions of their brand-name products, spawning multiple lawsuits against pharmaceutical companies challenging these efforts under the federal antitrust laws.

Antitrust, Class Certification, and the Politics of Procedure

This Article develops two arguments against a possible trend in federal appellate courts toward imposing a new, heightened standard for class certification in antitrust cases. Recent case law can be read to imply that trial judges may make findings of fact on the merits in deciding class certification, including about whether plaintiffs will be able to show with class-wide evidence that every class member was harmed by allegedly anticompetitive conduct.

ARTfully Discriminating

This casenote examines the Seventh Circuit decision in Hall v. Nalco, Co. which found that a woman cannot be terminated for absences related to infertility treatments.

Of Vulnerable Monopolists?: Questionable Innovation in the Standard for Class Certification in Antitrust Cases

Some courts appear to have begun to revise the standard for granting class certification, including in antitrust cases. The new standard, if there is one, may empower courts to find facts relevant to the merits in a way that historically they have not been permitted to do.

Piercing the Veil: Using Microfinance Initiatives to Promote Female Entrepreneurship in Muslim Countries

This paper argues that microfinance initiatives are an attractive aid mechanism to promote gender equality in Muslim countries because such initiatives both alleviate poverty and provide women with economic empowerment without violating Muslim customary banking laws.

Assessing Market Power in the Prescription Pharmaceutical Industry

Eric L. Cramer was a contributor to “Assessing Market Power in the Prescription Pharmaceutical Industry” in the ABA’s Pharmaceutical Industry Handbook (July 2009).

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