Supreme Court Evaluates Whether Implied or Express Certification of a Violation is Necessary for False Claims Case

One of the most important US Supreme Court decisions interpreting the Federal False Claim Act, 31 USC 3729, is currently under submission. (Universal Health Services, Inc., vs United States ex rel Escobar). In this case, the relator's daughter was allegedly misdiagnosed and mistreated by a health care clinic that bille...

Whistleblower Discovery Rights: Avoid the Pitfalls and Secure Adequate Evidence

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 defendant employer. These types of documents are valuable regardless of whether you are suing for retaliation under the Federal False Claims Act or the California Labo...

Corporate Confidentiality Agreements Restrict Whistleblowing: Are they Legal?

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 government agency, the Securities and Exchange Commission (“SEC”), said this violates whistleblower rights an...