Joining me in this panel discussion were Richard Renner and David J. Marshall. Richard is an attorney with Kohn & Colapinto in Washington, DC. and also serves as Legal Director of the National Whistleblowers Center. David is a partner with Katz, Marshall & Banks, LLP in DC.

The discussion included:

The post Whistleblower Attorneys Discuss False Claims Act Amendments & “The Most Pressing Issues in Representing Whistleblowers” appeared first on Whistleblower Lawyer Blog.

Where there are taxpayer funds being spent, there will be attempts to engage in fraud to cheat the public. As hundreds of billions of dollars are poured into federal and state programs through the “economic stimulus” package, the continuation of the Troubled Assets Relief Program (“TARP”), the many federally funded health care programs such as Medicare and Medicaid, and the vast defense procurement industry that is servicing two wars, opportunities for fraud will only increase. The speed at which the “stimulus” funds will be spent will only increase the opportunities for fraud.

Senator Grassley has been steadfast in his efforts to ensure that these taxpayer funds receive the protection of the False Claims Act, which is the primary civil weapon to combat fraud and false claims. This bipartisan legislation would restore the False Claims Act to its original intent by “undoing” several attempts by judges to limit its reach. Among the goals of the Amendments are:

The post False Claims Act Amendments Approved by Senate Judiciary Committee As Part of FERA (Fraud Enforcement and Recovery Act) Today appeared first on Whistleblower Lawyer Blog.

From Atlanta, Boston, Chicago, New Orleans, San Antonio, and Washington, D.C., many of the country’s leading attorneys in whistleblower cases under the “qui tam” statute, the False Claims Act, the Sarbanes-Oxley statute, and the IRS Whistleblower Program will gather in Atlanta on March 4 to discuss some of the more challenging aspects of representing whistleblowers (or defending against whistleblower claims) under these laws.

We are honored to have one of the officials of the IRS Whistleblower Office, Dawn Applebaum, join us in person to discuss the progress of the new IRS Whistleblower Rewards Program. The IRS Whistleblower Office has just celebrated its second anniversary.

We are also privileged to have the top state enforcement officials in health care fraud cases from Texas, Florida, and Georgia, to explain how they coordinate state and federal health care fraud whistleblower cases under the federal and state False Claims Acts.

Also joining us is Rep. Edward Lindsey, the Legislative Sponsor both of the Georgia State False Medicaid Claims Act, and recent legislation to solidify Georgia’s Office of State Inspector General.

Because of the wave of new whistleblower statutes that have been inspired by the successes of the False Claims Act, our firm instituted the Whistleblower Law Symposium. Once again, top-notch speakers will address a broad variety of issues that arise under these whistleblower laws, including:

–Whistleblowers in Health Care: Recent Cases and Strategies for Healthcare Providers and Counsel When a Whistleblower Calls

–Recent Developments in Qui Tam Cases Under the False Claims Act-The Relator’s Perspective
–Current Issues in Defending Qui Tam Claims
–Coordinating State and Federal Whistleblower Cases Under the State and Federal False Claims Acts-Current Priorities and Recent Results
–Federal Priorities and Procedures in Qui Tam Cases
–Plaintiffs’ & Defendants’ Approaches to Sarbanes-Oxley Claims
–Update on the IRS Whistleblower Program

We are fortunate to have such excellent faculty members from around the country join us. Our faculty members and their topics are listed below.

Annual Whistleblower Law Symposium

Plaintiffs’ and Defendants’ Strategies in “Whistleblower” Cases:
Qui Tam, Sarbanes-Oxley, and Other Whistleblower Statutes

March 4, 2009 State Bar of Georgia Headquarters
Co-Chairs:
Michael A. Sullivan Richard W. Hendrix
Finch McCranie, LLP, Atlanta
7:45-8:25 Registration
8:30 Introduction Richard W. Hendrix, Finch McCranie, LLP, Atlanta
8:40 Whistleblowers in Health Care: Recent Cases and Strategies for Healthcare Providers and Counsel When a Whistleblower Calls Tracy M. Field, Arnall Golden & Gregory LLP, Atlanta Jay Mitchell, Executive Vice President & General Counsel of Piedmont Hospital, Atlanta Rick Shackelford, King & Spalding LLP, Atlanta J. Marc Vezina, Vezina & Gattuso, LLC, New Orleans
9:35 Recent Developments in Qui Tam Cases Under the False Claims Act-The Relator’s Perspective Frederick Cohen, Goldberg Kohn, Chicago Thomas M. Greene, Greene & Hoffman, Boston Mark Simpson, Simpson Law Firm, LLC, Atlanta Michael A. Sullivan, Finch McCranie, LLP, Atlanta
10:30 Break
10:45 Current Issues in Defending Qui Tam Claims Hon. John E. Clark, Goode Casseb Jones Riklin Choate & Watson, P.C., San Antonio William H. Jordan, Alston & Bird LLP, Atlanta Paul B. Murphy, King & Spalding LLP, Atlanta Holly A. Pierson, Nelson Mullins Riley & Scarborough LLP, Atlanta

11:45 Coordinating State and Federal Whistleblower Cases Under the State and Federal False Claims Acts-Current Priorities and Recent Results Michael Behn, Behn & Wyetzner, Chicago Mark G. Bodner, Bureau Chief, Office of the Attorney General (Florida), Tallahassee James J. Breen, The Breen Law Firm, P.A., Alpharetta Charles M. Richards, Senior Assistant Attorney General, Office of Attorney General (Georgia), Atlanta Raymond C. Winter, Chief, Civil Medicaid Fraud Division (Texas), Austin
1:00 Lunch
Lunch Presentation: Rep. Edward Lindsey, Legislative Sponsor of the Georgia State False Medicaid Claims Act, and recent legislation on Georgia’s Office of State Inspector General
1:30 Federal Priorities and Procedures in Qui Tam Cases Daniel E. Bennett, U.S. Attorney’s Office, Macon Amy L. Berne, Chief of Civil Division, U.S. Attorney’s Office, Atlanta Courtney Guyton McBurney, Alston & Bird LLP, Atlanta Marlan B. Wilbanks, Wilbanks & Bridges LLP, Atlanta
2:25 Plaintiffs’ & Defendants’ Approaches to Sarbanes-Oxley Claims John F. Beasley, Buckley & Klein LLP, Atlanta Lisa H. Cassilly, Alston & Bird LLP, Atlanta Benjamin E. Fox, Bondurant, Mixson & Elmore LLP, Atlanta David Marshall, Katz, Marshall & Banks, LLP, Washington, D.C.
Jason Zuckerman, The Employment Law Group, Washington, D.C.

3:25 Break
3:30 Update on the IRS Whistleblower Program Dawn M. Applebaum, IRS Whistleblower Office, Washington, D.C.
Michael A. Sullivan, Finch McCranie, LLP, Atlanta
4:30 pm Adjourn

The post Whistleblower Attorneys to Discuss Qui Tam Cases Under False Claims Act, IRS Whistleblower Program, and Sarbanes-Oxley Whistleblower Cases at Annual “Whistleblower Law Symposium” appeared first on Whistleblower Lawyer Blog.

Under the new whistleblower legislation, an employee who believes that they have been unlawfully retaliated against for disclosing a violation of the Consumer Product Safety Commission Act must file with the Occupational Health and Safety Administration (OHSA) a complaint of retaliation within 180 days of becoming aware of the retaliatory action. Afterwards, on an administrative basis, OHSA will conduct an investigation. Either the employee or the employer can request a hearing before an Administrative Law Judge (ALJ) and can appeal an adverse decision to the Department of Labor’s Administrative Review Board. If the Department of Labor has not issued a final decision within 210 days after the filing of the complaint, an employee may remove the complaint to Federal Court and ask for a jury trial.

Under the new Act’s provisions, in order to deter employers from retaliating against employees who, in good faith, report violations or potential violations of the Consumer Product Safety Commission Act, a prevailing employee who has been unlawfully retaliated against will be entitled, among other things, to reinstatement, back pay, compensatory damages and litigation costs including reasonable attorney’s fees.

The post New Whistleblower Law Promotes Consumer Product Safety appeared first on Whistleblower Lawyer Blog.

I had the pleasure of appearing with a group of excellent attorneys on a panel of that discussed “Strategic Thinking in Whistleblower Cases,” moderated by Robin Potter of Chicago (who won a major victory last week).Speakers at the 2008 NELA Conference panel on “Strategic Thinking in Whistleblower Cases” were (front row) David Marshall and Bryan J. Schwartz, and (back row) Michael A. Sullivan and Mark Kleiman.

David Marshall of D.C.’s Katz, Marshall & Banks, LLP began by discussing how nesessary whistleblowers are, as well as important considerations in pursuing Sarbanes-Oxley whistleblower cases.

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The new whistleblower law is intended to protect all defense contract employees to come forward in good faith so that they need not fear reprisal if they do so. If the employee who blows the whistle on contractor fraud is retaliated against, the affected employee may file a complaint with the Inspector General of the Agency and unless the complaint is determined to be frivolous, the Inspector General will conduct an investigation. If the employee is not satisfied with the Inspector General’s handling of the complaint, the employee may bring an action in federal court and is entitled to a jury trial. If the complainant is retaliated against for bringing legitimate good faith complaints of government contract fraud out in the open, then his or her remedies would include reinstatement, back pay, compensatory damages, attorneys fees and costs.

This new law is a giant step forward when it comes to protecting whistleblowers who are brave enough to come forward and expose defense contractor misconduct. By protecting such employees from retaliation, the law is intended to encourage their coming forward to expose waste, fraud and mismanagement. If the employee who does come forward is retaliated against as a result of blowing the whistle, this law is intended to make sure that they will be fully compensated for any damages sustained as a result of such retaliation including reinstatement of the job taken from them or reimbursement for wages and benefits lost as a result of any retaliation. As stated, the employee is also entitled to have his or her attorneys fees and costs paid should they be retaliated against for blowing the whistle.

The post New Whistleblower Law Provides Protection for Defense Contractor Employees appeared first on Whistleblower Lawyer Blog.

The typical case where this statute might apply is one where a company employee testifies against the employer in a federal proceeding and then is terminated as a result of the testimony. Even a threat to take retaliatory actions against a witness should they provide truthful testimony is actionable under this statute. Thus, if a company employee is testifying before a federal body and is “advised, counseled or warned” that should they testify unfavorably to the company they may be subject to reprisal, this would be an actionable case under this statute.

In the United States Supreme Court of Haddle v. Garrison, 525 U.S. 121, 119 S. Ct. 489, 148 L. Ed. 2d 502 (1998), (a case arising in Georgia which involved this firm) the Supreme Court held that third party interference even with an “at will” employment relationship states a claim for relief under § 1985. The Court reasoned that because “the gist of the wrong at which § 1985 is directed is not deprivation of property, but intimidation or retaliation against witnesses in federal court proceedings,” the loss of at will employment can injure a plaintiff for purposes of the statute. Thus, even in an “at will” state such as Georgia, if an employee is intimidated by an employer in such a way as to interfere with their ability to provide testimony against the employer in a federal court context, then such a case is actionable notwithstanding the restrictions of a state “at will” employment doctrine.

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