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SEC Issues New Whistleblower Regulations

By Lorenzo Cellini, Associate On May 25, 2011 the Securities and Exchange Commission (“SEC”) adopted final rules to implement the whistleblower provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”). The Dodd-Frank Act created a whistleblower program that requires the SEC to pay an award to whistleblowers that “voluntarily” provide “original” […]

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Can Information Obtained Through Freedom of Information Act Be the Basis for a Qui Tam Action Under the False Claims Act? Supreme Court Says “No.”

By Andrea Gold, Associate On May 16, 2011, the Supreme Court issued its decision in Schindler Elevator Corp. v. United States ex rel. Kirk, No. 10-188, holding that a federal agency’s written response to a Freedom of Information Act (“FOIA”) request constitutes a “report” for purposes of the public disclosure bar of the False Claims […]

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The False Claims Act In The Supreme Court

By Andrea Gold, Associate During 2010, the U.S. Supreme Court decided one False Claims Act case, and granted certiorari in another. Both cases involve the scope of the so-called “public disclosure bar.” Added in the 1986 amendments to the Act, the public disclosure bar was intended to curb “parasitic” lawsuits by relators who simply regurgitate […]

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The Top Settlements Of 2010

The eight largest False Claims Act settlements of 2010 alone accounted for recovery by the government of approximately $3.3 billion, and whistleblower rewards of more than $350 million. All eight involved pharmaceutical companies. Those eight settlements, in high-to-low order, are as follows: Pharmaceutical giant GlaxoSmithKline agreed to pay $750 million to resolve criminal and civil […]

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DOJ Releases False Claims Act Statistics

By Lorenzo Cellini, Associate Fiscal Year 2010 proved to be a record breaking year for False Claims Act (“FCA”) cases, according to recently published statistics from the U.S. Department of Justice (“DOJ”). The total amount of funds recovered by the government either through settlements or judgments was nearly $2.4 billion: the largest annual recovery ever. […]

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Qui Tam Litigation Against For-Profit Colleges

By Melanie Williamson, Associate For-profit colleges are corporations in the business of selling “career” education services at a premium price to a largely underprivileged population. Last year, a surge of consumer complaints led the U.S. Government Accountability Office (“GAO”) to conduct an undercover investigation into the recruiting and enrollment practices of 15 for-profit colleges. As […]

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Blowing The Whistle On Violations Of The Foreign Corrupt Practices Act

By Jonathan Tycko, Partner Under recently-enacted legislation, individuals who blow the whistle on violations of the Foreign Corrupt Practices Act (“FCPA”) are now eligible to receive substantial monetary rewards. To receive those rewards, a whistleblower must provide his or her information to the Securities and Exchange Commission (“SEC”) pursuant to certain specific procedures. The Dodd-Frank […]

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Case law developments–Rule 9(b) as applied to qui tam complaints: courts begin the move to a more pragmatic appoach.

By Andrea Gold, Associate Under the Federal Rules of Civil Procedure, whistleblowers seeking to expose fraud against the government must satisfy the requirements of Rule 9(b). That rule requires that whistleblowers explain the factual details of the alleged fraud “with particularity” in their initial complaint. This requirement, which is more stringent than the requirement in […]

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