Tag: Whistleblower

Our Los Angeles based False Claims Act (“FCA”) focused attorneys report that after a qui tam whistleblower lawsuit was filed against Walgreens, Walgreens recently paid $50 million to settle allegationsRead MoreBilking Money from Medicare Does Not Pay – Walgreens and Bay Sleep Clinic Settle FCA Whistleblower Lawsuits for Over $50 Million Dollars

An interesting case surfaced last week against Trump’s Treasury Secretary Steven Mnuchin and the bank he ran called OneWest, headquartered in Pasadena, California. Mr. Mnuchin led a group that ranRead MoreTrump’s Treasury Secretary Mnuchin’s Pasadena-based OneWest Embroiled in False Claims Act Allegations Owing Government Approx. $100 Million Dollars

Another week brings with it a number of newly revealed Whistleblower Qui Tam lawsuit settlements.  This time, it is a dental company settling with the government for more than $300,000Read More$300,000 Whistleblower Settlement Added to U.S. Department of Justice’s $2.9 Billion in 2016

As many of our clients know, reporting your company’s fraudulent activity or even seemingly fraudulent actions such as over-billing for lower level services, avoiding payments owed to the government, orRead MoreJust in time for the holidays, the U.S. Justice Department Reports that it Paid-Out $519 Million to Whistleblowers in 2016

Anyone could, and should, report fraudulent activity by his or her employer. In this case, it was a medical coder at an oncology practice. As result, the oncology medical groupRead More$5.3 Million Dollar Settlement after False Claims Act Whistleblower in Oncology Practice Reports Medicare Fraud

We are proud to inform our readers that another whistleblower has succeeded in exposing violations at a large corporation.  This time it was a single mother taking on one ofRead MoreAnother Multi-Million Dollar ($20 Million) Whistleblower Recovery Against Giant Wyndham Hotels and Resorts

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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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

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