Government Contractor Compliance & Regulatory Update

Category Archives: False Claims Act

Divided Sixth Circuit Dismisses Compliance Officer’s FCA Whistleblower Retaliation Claim

By Connie Bertram, Daniel Davis and Emilie Adams on November 9, 2015 Posted in False Claims Act

Last week, the U.S. Court of Appeals for the Sixth Circuit rejected a former compliance officer’s whistleblower retaliation claim because she did not establish that she had an objectively reasonable belief that she was investigating illegal conduct when her employment was terminated. The plaintiff, Sara Jane Jones-McNamara (“Plaintiff”) alleged that the defendant, Holzer Health Systems, … Continue Reading

Internal Investigation Documents Are Protected from Disclosure in False Claims Act Case, D.C. Circuit Holds

By Connie Bertram and Amanda Wiley on August 26, 2015 Posted in False Claims Act, Whistleblower

Reversing a lower court decision, the D.C. Circuit recently concluded – for a second time – that certain internal audit documents are protected from disclosure by the attorney-client communication and work production privileges. On August 11, 2015, the D.C. Circuit issued a second writ of mandamus regarding the same group of documents, internal reports which … Continue Reading

E.D.N.Y Denies Motion For Summary Judgment In FCA Retaliation Case Based On Finding Of Pretext

By Steven J. Pearlman and Natalie Phillips on August 17, 2015 Posted in False Claims Act

The U.S. District Court for the Eastern District of New York recently found that two former employees of Eihab Human Services (Company) raised a genuine issue of material fact as to whether they were discharged in retaliation for reporting that an executive director ordered an employee to create fraudulent billing records in violation of the … Continue Reading

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