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Whistleblowers Litigation Strategies

Clark Hill PLC

10 Compelling Reasons for Employment Arbitration: Tackling Litigation Imbalance

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This third installment of the 10 Compelling Reasons for Employment Arbitration explores the impact of an arbitration agreement on a plaintiff’s litigation strategy. As discussed herein, arbitration programs can tamp down a...more

Cranfill Sumner LLP

Supreme Court Cert Denials: Beyond the Headlines

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While legal analysts focus on landmark Supreme Court decisions each term, equally significant are the cases the Court declines to hear. These certiorari denials often reveal critical jurisprudential trends that shape...more

Epstein Becker & Green

Eleventh Circuit Addresses Rule 9(b) Heightened Pleading Standard in False Claims Act Case

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The U.S. Court of Appeals for the Eleventh Circuit has concluded that a successful False Claims Act (FCA) claim should “allege not just a scheme, but a scheme that actually led to false claims being submitted to the...more

Foley & Lardner LLP

The Northern District of Illinois Endorses “But For” Causation Standard for AKS-Premised False Claims Act Cases

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A circuit split over the causation standard under the federal Anti-Kickback Statute (AKS) could grow wider after a recent Northern District of Illinois (NDIL) decision. In United States ex rel. Jeffrey Wilkerson & Larry...more

Sheppard Mullin Richter & Hampton LLP

Inferential Leaps and Conclusory Kickback Allegations Remain Verboten in False Claims Act Complaints

Last month, the Eleventh Circuit (the “Court”) issued a decision in a False Claims Act (“FCA”) case against a medical supplier that offers welcome clarity for companies facing whistleblower allegations. In Vargas ex rel....more

Bradley Arant Boult Cummings LLP

Eleventh Circuit Further Clarifies its “Reliable Indicia” Pleading Standard Under the False Claims Act

It has long been the law of the Eleventh Circuit that, under the False Claims Act (FCA) and Federal Rule of Civil Procedure 9(b), a relator must provide sufficient “indicia of reliability … to support the allegation of an...more

Bass, Berry & Sims PLC

False Claims Act Gives Broad Dismissal Authority to Government, District Judge Says

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On April 2, the United States District Court for the Eastern District of Virginia dismissed a whistleblower’s False Claims Act (FCA) action after the relator attempted to dismiss the government as a plaintiff-intervenor in...more

Perkins Coie

Leveling the Playing Field? Developing Discovery Strategies in CFTC Civil Enforcement Actions

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The Commodity Futures Trading Commission’s Division of Enforcement wields immense power in civil enforcement actions. It often seeks financial sanctions, including hefty financial penalties, and injunctive relief that can...more

Sheppard Mullin Richter & Hampton LLP

SuperValu Wins False Claims Act Case with a “No Harm, No Foul” Jury Verdict

On March 5, 2025, SuperValu, Inc. (SuperValu), a grocery store chain that operates in-store pharmacies, was cleared of liability by a Central District of Illinois federal jury—finally quashing whistleblower claims that the...more

Hogan Lovells

First Circuit upholds but-for causation standard for False Claims Act cases premised on Anti-Kickback Statute violations

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On February 18, 2025, the First Circuit joined a growing list of circuit courts to hold that “but-for causation” is the correct causation standard in most False Claims Act (FCA) cases premised on alleged violations of the...more

Latham & Watkins LLP

Litigation 2024 Year in Review and 2025 Outlook: A view of the landscape in Europe and the UK

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Welcome to our Litigation 2024 Year in Review and 2025 Outlook. In this report, we examine the legal trends that have shaped the commercial landscape in Europe and the UK and explore how these developments are likely to...more

ArentFox Schiff

Investigations Newsletter: Ninth Circuit Reverses Dismissal of FCA Suit

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Ninth Circuit Reverses Dismissal of FCA Suit - On Tuesday, the Ninth Circuit reversed the district court’s grant of Express Scripts’ motion to dismiss a whistleblower’s lawsuit accusing Express Scripts of defrauding the US...more

Husch Blackwell LLP

Are the qui tam provisions of the False Claims Act unconstitutional?

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The qui tam provisions of the False Claims Act allow individuals to file suit on behalf of the United States and to receive a share of the resulting financial settlement or judgment. Filing a qui tam case is not just a formal...more

Husch Blackwell LLP

False Claims Act Insights - Is DOJ Allowed to Share Privileged Documents with Whistleblowers in FCA Disputes?

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Host Jonathan Porter welcomes Husch Blackwell partner Kip Randall back to the program to dig deeper into Omni Healthcare, Inc. et al v. MD Spine Solutions LLC et al., a False Claims Act litigation in which the defendant...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Second Circuit Expands Anti-Kickback Statute Liability: “At Least One Purpose” is Enough

In a significant ruling, the Second Circuit Court of Appeals recently expanded the scope of the Anti-Kickback Statute (AKS).The Court joined other circuit courts across the country in adopting, for the first time, the...more

McDermott Will & Emery

Court Holds That False Claims Act’s Qui Tam Provision Is Unconstitutional

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On September 30, 2024, the US District Court for the Middle District of Florida dismissed a False Claims Act (FCA) case on the grounds that the qui tam provision of the FCA is unconstitutional. This ruling will almost...more

Oberheiden P.C.

Selecting a Washington, D.C., Whistleblower Lawyer: 5 Things to Keep in Mind

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Whistleblowers in the nation’s capital should strongly consider getting experienced legal help to develop their case and present it to federal law enforcement personnel. By hiring an experienced whistleblower attorney, you...more

Oberheiden P.C.

3 Things to Consider When Selecting a Las Vegas Whistleblower Attorney

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It does not happen often, but occasionally someone will stumble onto evidence that suggests that a powerful company or a government agency is breaking the law in Las Vegas, Nevada. When they do find that evidence, they will...more

Oberheiden P.C.

4 Things to Consider When Selecting a New York City Whistleblower Attorney

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If you have gained access to damaging or even incriminating information about an individual, corporation, or other entity, you may have the opportunity to become a whistleblower. Taking such action in the public interest is...more

Oberheiden P.C.

What to Look for in a Whistleblower Attorney in Dallas

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Whistleblowers in and around Dallas, Texas, who want to take their findings to federal law enforcement and the public should strongly consider hiring a whistleblower lawyer to help them. Not only can whistleblower attorneys...more

Oberheiden P.C.

What to Look for in a Miami Whistleblower Lawyer or Law Firm

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Finding the right whistleblower attorney for your needs in Miami is not always easy. While far from the biggest field in federal and state laws, there are still dozens of Florida whistleblower lawyers and law firms to choose...more

Oberheiden P.C.

Selecting a Texas Whistleblower Attorney

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Blowing the whistle on perceived misconduct is one of the most important public services that you can do in Texas. When you use your access to information to bring wrongful or even criminal conduct to light, you can protect...more

Oberheiden P.C.

How to Find the Right Florida Whistleblower Lawyer for Your Case

Oberheiden P.C. on

Blowing the whistle on what appears to be corporate misconduct is not a small decision to make in Florida. Odds are that you have no experience filing a qui tam claim before, as it is extremely rare for someone to gain access...more

Oberheiden P.C.

6 Keys to Selecting a Whistleblower Attorney

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Hiring a lawyer is never an easy thing to do. Knowing which attorney has the right skillset and experience for your needs can be incredibly difficult to figure out. But it gets even trickier when you need whistleblower...more

American Conference Institute (ACI)

[Event] 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement - January 23rd - 24th, New York, NY

Hosted by American Conference Institute, the 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement returns for another exciting year for lively discussions on FCA enforcement including the ramifications of two...more

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