SKIP TO
CONTENT
Philips Recalled CPAP, Bi-Level PAP, and Mechanical...
featured news
April 28, 2017
Contractor Fraud
Violations of “Buy American” Laws Can Be Grounds for Lawsuits Under the False Claims Act
In a two-part Executive Order (“EO”) issued earlier this month, the president took steps towards his campaign promise to promote “Buy American” and “Hire American” policies. This post focuses only on the “Buy” side of the EO. Any tightening of Buy American policies at the federal procurement level raises the […]
April 26, 2017
False Claims Act Information
Advice to a Potential Relator About Taking Documents from an Employer to Support a False Claims Act Lawsuit
Common Sense Advice Your Client Can Understand It is important to advise your Relator client about the parameters of securing documents and information derived from an employer’s or former employer’s computer system. Many clients still work at the company or have left and some have signed confidential agreements. They are […]
April 24, 2017
False Claims Act Legal News
Another Appeals Court Limits One of the Barriers to a Whistleblower Lawsuit
In United States ex rel. Hayes v. Allstate Ins. Co., et al., Case No. 16705, 2017 WL 1228551 (2d Cir. Apr. 4, 2017), the Second Circuit addressed an objection that it lacked jurisdiction over a whistleblower’s qui tam suit pursuant to what is known as the “first-to-file” rule. 31 U.S.C. § 3730(b)(5). That provision of the False Claims Act (“FCA”) states that “[w]hen a person brings an action […]
April 17, 2017
False Claims Act Information
Small Business Association 504 Loan Program and Liability under the False Claims Act
Basics of the Small Business Association 504 Loan Program The Small Business Association (“SBA”) 504 Loan Program offers small businesses long-term, fixed-rate financing to acquire major fixed assets for expansion or modernization. A Certified Development Company (“CDC”) is a nonprofit corporation certified by the SBA that generates, closes, and services […]
April 12, 2017
False Claims Act Information
Applying the Anti-Kickback Statute to Pursue Qui Tam Whistleblower Actions Under the Federal False Claims Act and the Delaware False Claims Act
Violations of the Anti-Kickback Statute Form the Basis of False Claims Act Liability Congress has long viewed the elimination of kickbacks as central to any efforts to combat Medicare and Medicaid fraud and abuse. United States v. Greber, 760 F.2d 68, 70-71 (3d. Cir. 1985). Because kickback schemes negatively affect […]
April 10, 2017
False Claims Act Information
Unexpected Problems with the Qui Tam Seal
By law, qui tam cases must be filed under seal. This means that there is no public record of the case having been filed, and the defendant is unaware of the case until the seal is lifted. A plaintiff who breaks the seal by discussing the seal publicly may forfeit […]
April 7, 2017
False Claims Act Information
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
False Claims Act Legal News
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
Grant Fraud
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
False Claims Act Legal News
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
Healthcare Fraud
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 […]
March 22, 2017
False Claims Act Information
Meeting the Materiality Requirement of the False Claims Act in Cases Brought by Qui Tam Whistleblowers
The False Claims Act’s Materiality Requirement Under the express language of the False Claims Act (“FCA”), material means having a “natural tendency to influence or be capable of influencing” the government’s decision to pay a claim. 31 U.S.C. § 3729(a)(4). The Escobar Decision Under the 2016 Supreme Court case of […]
schedule a free consultation
"*" indicates required fields
By clicking SUBMIT you agree to our Terms of Use and Privacy Policy and you are providing express consent to receive communications from Berger Montague via calls, emails, and/or text messages.
$50B+
in Settlements & Verdicts
50+
Years of Experience With High-Profile Cases
100+
Attorneys Protecting Your Rights
20+
Years Ranked as Top Law Firm by Chambers USA
50
States in Which The Firm Has Successfully Litigated
On the Cutting Edge of the Profession
Legal Intelligencer
53
Years
