Published: September 20, 2017

The United States Court of Appeals for the Ninth Circuit unanimously reversed dismissal of a False Claims Act Complaint in United States ex rel. Campie v. Gilead Sciences.

. . . . . .

Published: September 13, 2017

​A trial court in the Eastern District of Pennsylvania recently ruled that the whistleblower protections of the Dodd-Frank Act and Sarbanes-Oxley Act (“SOX”) do not necessarily apply to employees of private entities, even if those entities perform work for publicly-traded companies.  The court reached this conclusion in dismissing the Plaintiff’s complaint in Reyher v. Grant Thornton LLP, No. 16-CV-1757.

. . . . . .

Published: August 23, 2017

In a recent False Act Claims (FCA) suit involving the blockbuster cancer drug Avastin, the Third Circuit barred a relator’s qui tam suit because his Complaint lacked sufficient factual allegations that, if true, would establish the FCA’s “materiality” element as defined in Universal Health Services v. Escobar.

. . . . . .

Published: June 27, 2017

It’s been just over a year since the Supreme Court’s seminal False Claims Act (“FCA”) decision Universal Health Servs., Inc. v. United States ex rel. Escobar. In the wake of Escobar, the lower courts are confronted with applying Escobar’s materiality standard to the particular facts of their cases.

. . . . . .

Published: May 11, 2017

The for-profit education company Kaplan, Inc. recently scored a win when the Court of Appeals for the Ninth Circuit affirmed Kaplan’s summary judgment victory in a decade-long False Claims Act suit. This case shows that while in certain jurisdictions FCA cases may be surviving motions to dismiss with more frequency, they continue to be ripe for dismissal at summary judgment.

. . . . . .

Published: May 8, 2017

The SEC recently slapped two companies with sizeable fines for allegedly impeding potential whistleblowers from communicating with the agency in violation of Rule 21F-17. These fines, coupled with the SEC’s recent enforcement actions that we discussed here and here, signal that enforcement of Rule 21F-17 is a growing focus for the SEC.

. . . . . .

Published: March 31, 2017

A federal court recently ruled that an employee may use his employer’s confidential information in a whistleblower retaliation complaint, regardless of whether an employment confidentiality agreement prohibited him from doing so.

. . . . . .

Published: March 30, 2017

In United States ex rel. Hirt v. Walgreen Company, the United States Court of Appeals for the Sixth Circuit recently affirmed the dismissal of a pharmacy owner’s False Claims Act (“FCA”) lawsuit because he failed to plead his fraud claims with particularity. In so doing, the Court clarified a gray area in its prior case law: the Court instructed that FCA relators like this pharmacy owner are not entitled to a “relaxed” pleading standard.

. . . . . .