Category: Whistleblower Protection

After a lawsuit is filed (and in many cases, before), you and your legal team should be creating a “to do” list of critical documents to demand from the defendantRead MoreWhistleblower Discovery Rights: Avoid the Pitfalls and Secure Adequate Evidence

Unusual legal issues arise when an attorney is wrongfully fired by a corporate employer. As Los Angeles wrongful termination employment attorneys, we have seen numerous cases of the conflict that can arise between a corporation who wants the right to terminate an attorney “at will” and the right of the attorney to file suit him or herself if the termination is wrongful. The seminal decision in California on this issue is General Dynamics Corporation vs. Superior Court. Here, an in house attorney was terminated and the court allowed the lawsuit to go forward, noting that “it is unlikely that the (corporation’s) undoubted power to discharge the attorney at will is one that can be invoked under all circumstances without consequence.” (7 Cal 4th at 1175). While noting that an attorney fired from his in-house job may sue, reinstatement is not an available remedy.

The court distinguished an earlier and famous case, Fracasse ve Brent, which allowed a client to fire an attorney without consequence. This was a traditional non-employer, attorney-client relationship However, the General Dynamics court saw the distinction between in hours attorneys virtually dependent on the good will and confidence of a single employer to provide livelihood and carer success and an outside attorney in private practice with multiple clients.

Whistle blower attorneys in Los Angeles should be able to pursue a claim of retaliatory discharge. The rub comes when the ethical obligation of the attorney to protect his client’s secrets at all costs comes into play. The court found that where the elements of a wrongful discharge in violation of public policy can’t be established without breached the attorney-client privilege, then the suit must be dismissed in the interest of preserving the attorney client privilege. (at 1182).

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As always, consider our blogs educational in nature only. Legal advise can only be given after full evaluation of the facts of your case.

This week, attorneys for Staples asked an appeals court to reduce a $13 million dollar punitive damages award to a former Staples manager who was terminated at age 64.  TheRead MoreStaples Appeals a Jury’s $13 Million Dollar Award in Age Discrimination Claim AND a $219 Million Dollar False Claims Act Trial Goes to Jury

KBR Corporation recently demanded that its employees not discuss pending investigations with outside parties such as government agencies or attorneys without consent of the company’s attorneys. At least one governmentRead MoreCorporate Confidentiality Agreements Restrict Whistleblowing: Are they Legal?

This week, the courts disclosed yet another massive multi-million dollar settlement that will undoubtedly discourage future similar kickback schemes while encouraging other whistleblowers to come forward. A former Novartis PharmaceuticalsRead More$66 Million Dollar Settlement in Novartis Patient Kickback Lawsuit and Additional Wrongful Termination Action against LA Times

The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) has been very busy this week issuing final rules regarding the Dodd-Frank Act’s whistleblower protections as well as handingRead MoreNew OSHA Whistleblower Protection Rules and a $200,000 Judgment in a Retaliation Lawsuit

21st Oncology Inc., a national health care company managing 145 cancer clinics in 16 states, entered into an agreement this week to pay $35 million dollars to settle a FalseRead MoreWeekly Whistleblower Update: Another Health Care Company Settles for $35 Million to Settle FCA Lawsuit

Normally, whistleblowers that come into our office have identified an overpayment made by the government to their employer and the employer, most often, knowingly neglects to repay the amount.  TheRead MoreAttention Whistleblowers: CMS Clarifies the 60 Day Overpayment Rule which Drastically Affects False Claims Act Cases

In yet another case, a regulated medical waste management company by the name of Stericycle entered into a $28,500,000 settlement with the qui tam plaintiff and government.  The qui tamRead MoreMulti-Million Dollar False Claims Act Settlements Paid by a Medical Waste Company and a California Hospital System

It is another week, and yet another multi-million dollar False Claims Act (“FCA”) settlement.  However, this one nears the billion dollar mark and exemplifies a common theme of the governmentRead MorePfizer Settles False Claims Act Case for $785M – Lessons (Not) Learned From Previous Cases