Published: May 18, 2018

A recent decision from the Eleventh Circuit underscores the importance of keeping accurate records of disclosures to the federal government regarding potential non-compliance with regulations and contract requirements by government contractors, healthcare providers and others doing business with the federal government.

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Published: May 15, 2018

On April 5, 2018, the SEC announced an award of more than $2.2 million to a former company insider who voluntarily provided critical information to another federal agency before reporting it to the SEC, and whose report led to a significant SEC enforcement action.

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Published: April 13, 2018

The IRS recently withdrew its appeal of a 2016 Tax Court ruling, Whistleblower 21276-13W v. Commissioner, 147 T.C. 4 (2016), which held that a husband-and-wife team of tax whistleblowers were entitled to recover a share of all proceeds recovered by the IRS from a delinquent taxpayer, including fines and civil forfeitures.

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Published: April 12, 2018

The Third Circuit’s decision in Medco Health Solutions, affirming the dismissal of a relator’s qui tam suit against his former employer, offers mixed news for False Claims Act defendants and plaintiffs as to the kind of causation required to be shown where a kickback is alleged to be the basis for a false claim.

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Published: April 11, 2018

In what should serve as a cautionary tale for public companies, on March 19, the Securities and Exchange Commission (“SEC”) announced its largest ever Dodd-Frank whistleblower awards – totaling more than $83 million in payouts – with two whistleblowers splitting a nearly $50 million reward, and a third individual receiving more than $33 million. See SEC Release No. 82897 (Mar. 19, 2018).

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Published: April 3, 2018

The Ninth Circuit recently reversed in part the district court’s dismissal of relator Frank Solis’ claims against his former employers for alleged False Claims Act (“FCA”) violations.

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Published: March 5, 2018

In a unanimous decision issued on February 21, 2018, the U.S. Supreme Court held that would-be whistleblowers seeking to sue under the anti-retaliation protections of the Dodd-Frank Act (the "Act"), must report alleged misconduct to the U.S. Securities and Exchange Commission ("SEC"), whether or not they also report internally within the company.  See Digital Realty Trust, Inc. v.

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