Published: September 6, 2018

This summer the Commodity Futures Trading Commission (“CFTC”) issued its first award since August 2016. On July 12, 2018, the CFTC announced a $30 million award, which was only the fifth award under the CFTC’s whistleblower program and the largest since the program’s creation in 2011.

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Published: July 17, 2018

Last month, the U.S. Supreme Court denied certiorari in a case concerning the “first-to-file” bar under the False Claims Act.

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Published: June 28, 2018

The Sixth Circuit recently reversed the dismissal of a qui tam relator’s complaint under the False Claims Act (“FCA”), holding that the defendant’s claims presented to the government contained material omissions.

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Published: June 25, 2018

In Gillispie v. RegionalCare Hospital Partners, Inc., No. 16-4307, 2018 WL 2926041 (3d Cir. June 12, 2018), the Third Circuit recently concluded that the plaintiff had not made a cognizable “report” within the meaning of the whistleblower protections provision of the Emergency Medical Treatment and Active Labor Act (“EMTALA”), 42 U.S.C. § 1395dd.

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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: 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 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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