Berger Montague’s nationally recognized False Claims Act, Qui Tam, & Whistleblower Department has recovered More than $3 billion for federal and state governments, as well as over $500 million for our whistleblower clients.
In 2025 alone, Berger Montague’s whistleblower department obtained over $1.9 billion in post-trial judgments. Our 2025 successes include the $1.64 billion final judgment entered in United States ex rel. Penelow v. Janssen Products, LP and the nearly $290 million final judgment in United States ex rel. Behnke v. CVS Caremark Corp. With very few FCA cases advancing to trial each year—and even fewer succeeding—these two victories stand out as extraordinary achievements by our whistleblower department. Both of these cases were declined by the Government. We litigated both cases on our own throughout, up to and including two trials.
Few firms are willing to take the risk of fully litigating a qui tam case where the government has declined to intervene. Even fewer firms are willing to do so against large corporations. But we do. And we have a record of winning.
Berger Montague’s award-winning team has litigated False Claims Act cases for over two decades. Berger lawyers Sherrie Savett, Joy Clairmont, Michael Fantini, and William Ellerbe won The Anti-Fraud Coalition’s Whistleblower Lawyers of the Year Award in 2024 for their work on United States ex rel. Silver v. Omnicare, Inc., PharMerica Corp, et al. and United States et al. ex rel. Penelow v. Janssen Products, LP. Both were government-declined cases that Berger Montague doggedly litigated for over a decade. In Janssen, on March 28, 2025, the Court decided all post-trial motions, whereby it trebled damages, imposed civil penalties, and entered Final Judgment against Janssen for over $1.6 billion. The PharMerica case, just 2 weeks before trial was to commence, settled for $100 million, plus statutory counsel fees.
Our Record of Success
The False Claims Act team cut its teeth over twenty years ago serving as counsel for the groundbreaking “AWP” whistleblower cases. These involved a series of actions filed in several federal and state courts against many of the largest drug companies for fraudulently overcharging the government for drugs. We worked tenaciously to secure settlements totaling over $2 billion for the federal and state governments.
Exceptional recoveries include:
Relationship with the Federal and State governments
We maintain a strong relationship with the US Attorneys in many states. We have been told over the years that the government offices look very carefully at the cases we present because of the thoroughness of our investigations and the quality of the complaints we file. The Firm has also successfully represented IRS and SEC whistleblowers.
No Fees Without Recovery
Berger Montague’s Whistleblower, Qui Tam & False Claims Act practice group litigates cases on a contingent fee basis, so whistleblowers do not pay attorneys’ fees or court costs unless there is a recovery.
Contact a Whistleblower Lawyer
Do you need a whistleblower lawyer, or do you want to know more about qui tam law?
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Your information will remain confidential while we evaluate your potential claims, and we will work with you to protect your rights.
Berger Montague is one of the nation’s preeminent law firms focusing on complex civil litigation, class actions, and mass torts in federal and state courts throughout the United States. With more than $2.4 billion in 2025 post-trial judgments alone, the Firm is a leader in the fields of complex litigation, antitrust, consumer protection, defective products, environmental law, employment law, securities, and whistleblower cases, among many other practice areas. For over 55 years, Berger Montague has played leading roles in precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago; Malvern, PA; Minneapolis; San Diego; San Francisco; Toronto, Canada; Washington, DC, and Wilmington, DE.
Whistleblowing involves individuals willing to come forward to stop fraud and other wrongdoing against the government (and by extension, the taxpayers). Those individuals who come forward are known as whistleblowers. You can read more on our blog post “What is Whistleblowing?”
The Federal False Claims Act (“FCA”) is the primary weapon in combating fraud against the federal government. The FCA covers fraudulent claims made against any federal agency, program, contract, or grant. Many states have similar laws to protect themselves against fraud. Under the FCA, whistleblowers are permitted to bring a case on behalf of the federal government to recover damages on its behalf. For more information, we recommend our blog post “What is the Federal False Claims Act?”
As with most complex litigation, many factors are considered when estimating the length of time until a whistleblower case concludes. In sum, a whistleblower lawsuit can take anywhere from under a year to decades. However, most whistleblower lawsuits are expected to take at least several years. You can read more on our blog post “How Long Does a Whistleblower Case Take?”
No. The Federal False Claims Act includes a provision that protects whistleblowers (whether employees or independent contractors) from retaliation by their employers. The anti-retaliation provision of the FCA prohibits an employer from retaliating against an employee “because of lawful acts done by the employee…in furtherance of an action under this section or other efforts to stop 1 or more violations.” 31 U.S.C. §3730(h). Prohibited retaliation includes: termination, suspension, demotion, harassment, or any other discrimination in the terms and conditions of employment. For more information, we recommend our page “Employment Protections for Whistleblowers.”
“Qui tam” derives from the Latin phrase qui tam pro domino rege quam pro se ipso in hac parte sequitur, meaning “who as well for the king as for himself sues in this matter.” This means that both the government and private citizens (known as whistleblowers or relators) can sue for violations of the False Claims Act. You can read more on our blog post “Qui Tam Lawsuits.”
Courts generally want litigation to be transparent and visible to the public, and there are rules in place designed to permit the public to view court proceedings. The good news is that although complete anonymity is not possible, there are various methods to (at least partially) protect the identity of whistleblowers in certain circumstances. For more information, we recommend our blog post “Can Whistleblowers Remain Anonymous?”
The simplest answer is that, in False Claims Act cases, the “qui tam relator” is the whistleblower who brings the FCA claims against the company or individual who is committing fraud. Usually a qui tam relator is an insider—typically a current or former employee—who has access to confidential information showing that his or her employer has been committing fraud against the government. You can read more on our blog post “What is a Qui Tam Relator?”
Chambers has released its prestigious 2026 USA Guide and Berger Montague’s False Claims Act, Qui Tam, & Whistleblower Department has debuted on the False...
Firm Earns Record Representation in Lawdragon’s Fourth Annual Guide Honoring the Future of the Legal Profession Berger Montague, a leading national...
Berger Montague Shareholder William Ellerbe recently spoke to the University of Michigan’s Science, Technology and Public Policy Program (STPP) about how his...
Executive Shareholder Sherrie Savett and Shareholders William Ellerbe, Joy Clairmont, and Michael Fantini received The Anti-Fraud Coalition’s Whistleblower...
Philadelphia, PA. – Berger Montague PC is pleased to announce that on June 13, 2024, a jury unanimously found Johnson & Johnson subsidiary Janssen...
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