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Federal False Claims Act and Qui Tam Litigation

Annual Subscription with Automatic Renewal

Joel M. Androphy, Rachel L. Grier

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Cited by the U.S. District Court for the District of Columbia

In recent years, whistleblower lawsuits have led to billions of dollars in judgments and settlements, debarment from government contracts, and criminal prosecutions as the government and the public seek to root out fraud and abuse. In 2010, the Dodd-Frank Act created a new Securities and Exchange Commission Whistleblower Program, imposed a three-year statute of limitations on FCA retaliation actions, and expanded protections for whistleblowers.

Federal False Claims Act and Qui Tam Litigation book and CD is a unique guide to this vital area. Unlike many treatises that focus solely on the plaintiff whistleblower or “relator,” this book provides detailed, comprehensive coverage of the interests of all the participants in qui tam cases—the relator, the defendant corporation, the federal and state governments, and the courts. It also provides state-of-the-art analysis of the latest cases and whistleblower statutes, federal, state and municipal.

Topics include: evaluating the merits of a potential action; determining whether the relator would be barred or restricted from any recovery for retaliation; for plaintiffs, locating a favorable judiciary and an aggressive prosecutor's office; for defendants, anticipating, preventing and responding to litigation; determining whether a claim is material; theories of liability under the FCA; government indifference or concurrence with erroneous certification; assessing an appropriate relator's share of any recovery; parallel criminal actions; and more.

Each chapter concludes with detailed analysis of the strengths and weaknesses of significant cases for the relator, the defense, the government and the judiciary. This is a book that will help all parties understand and master the challenges of this important and growing field.

Includes a CD-ROM containing forms and pleadings; guidances and government memoranda; U.S statements of interest; and federal and state statutes and forms.

Book #00681; looseleaf, one volume, 991 pages and one CD-ROM; published in 2011, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-133-0.

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  • Availability: Available
  • Brand: Law Journal Press
  • Product Type: Books
  • Edition: 0
  • Page Count: 991
  • ISBN: 978-1-58852-133-0
  • Pub#/SKU#: 681
  • Volume(s): 1
  • CDs: 1

Author Image
  • Joel M. Androphy

Joel M. Androphy is a partner in Berg & Androphy in Houston, Texas. He has extensive involvement in prosecuting national qui tam litigation cases. He served as lead whistleblower's counsel in a qui tam settlement with King Pharmaceuticals that netted the government and whistleblower about $119 million, and with Pfizer that netted the government and the whistleblower about $46 million, both involving best price and Medicaid fraud issues. As lead counsel and without government intervention, he also settled a case with Rotech Healthcare involving Medicare billings for durable medical equipment. He also settled a military case involving the alteration of expiration data on food products sent to American troops in the Middle East. The settlement netted the client and government about $13.2 million. He recently represented one of the nine whistleblowers in the record setting Eli Lilly qui tam civil lawsuit, an off-label Medicaid fraud marketing case, that netted the government and all whistleblowers about $750 million in civil fines and an additional $600 million in criminal fines for the government. Androphy is also lead counsel in numerous pending national qui tam cases and tax law prosecutions. Androphy also has extensive involvement defending white-collar cases across the country including securities fraud, foreign corrupt practices, health care fraud, environmental crimes, government procurement, and public corruption. A former adjunct law school professor in white collar crime at University of Houston Law Center and South Texas College of Law, Androphy has written more than sixty articles in numerous legal journals, and lectured across the country in over eighty seminars. He is also the author of a six-volume treatise, White Collar Crime, a practice guide for both civil and criminal lawyers.

Mr. Androphy began his career as a law clerk to The Honorable Norman W. Black, late Chief Judge, United States District Court, Southern District of Texas. He has served as the President of the Houston Chapter of the Federal Bar Association, an officer and director of the Houston Bar Association, and editor of the Texas Bar Journal and the Houston Lawyer legal magazine. Mr. Androphy has received two presidents awards for his service to the Houston Bar Association, including pro bono work, and has served on federal judicial Merit Selection Committees. He is a past member of the Board of Directors of the State Bar of Texas and the Texas Commission for Lawyer Discipline. He is listed in the publication Best Lawyers in America, and has been selected as a super lawyer by Texas Monthly (the top 100 lawyers in Texas) and a top lawyer by Houston Magazine. In September 2009, the Houston Press named Androphy the Best Civil Attorney in the 2009 Best of Houston® publication. Mr. Androphys cases have appeared in the New York Times, The Wall Street Journal, People Magazine, The National Law Journal, and other major news publications. He is the legal commentator for ABC-Houston, and a frequent commentator for MSNBC, CNBC, and Bloomberg News.

Author Image
  • Rachel L. Grier

Rachel L. Grier is an associate at Berg & Androphy in Houston, Texas. She has a strong scientific background, having worked as a research assistant at M.D. Anderson Cancer Center before attending law school.  She has worked primarily on qui tam cases and other civil litigation, as well as white collar criminal defense. She is currently working on several qui tam suits, many still under seal, involving healthcare subjects such as off-label marketing, kickbacks, marketing the spread, and best price violations, pending in jurisdictions across the United States. Ms. Grier served as counsel for several qui tam cases, involving healthcare billing matters and government contracting issues, which resulted in settlement. Ms. Grier was recently appointed Vice Chair, Publication Book Editorial Board, for the 2014-2015 year for the Health Law Section of the American Bar Association. 

Scope and Introduction

§ 1.01 Introduction
§ 1.02 Significant Monetary Recoveries in Civil and Criminal Actions
§ 1.03 Debarment and Exclusion under the FCA
[1] Debarment
[2] Exclusion
§ 1.04 Criminal Imprisonment
§ 1.05 Penalties
§ 1.06 Relator’s Recovery

History of the False Claims Act

§ 2.01 An Overview of the FCA
§ 2.02 A Historical Perspective of the Informer’s Role
§ 2.03 Why History Is Important
§ 2.04 Lincoln’s Law
[1] The Statute
[2] Why It Passed
[3] Mens Rea
[4] Penalties and Damages
[5] Relator Recovery
[6] Statute of Limitations
[7] Burden of Proof
§ 2.05 1943 Amendments
[1] The Statute
[2] Why It Passed
[3] Mens Rea
[4] Statutory Amendments
§ 2.06 1986 Amendments
[1] The Statute
[2] Why It Passed
[3] Mens Rea
[4] Statutory Amendments
§ 2.07 2009 FERA Amendments
[1] The Statute
[2] Why It Passed
[3] Statutory Amendments
§ 2.08 The Patient Protection and Affordable Care Act and The Health Care and Education Reconciliation Act of 2010
[1] Anti-Kickback Statute
[2] Public Disclosure Bar and Original Source
[3] Overpayments
§ 2.09 Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010
§ 2.10 Relators’ Experiences

What Constitutes a Claim

§ 3.01 Introduction
§ 3.01A Who is “the Government”?
§ 3.02 Types of “Claims”
[1] Direct False Claim Theory
[2] False Certification Theory
[3] Condition of Payment Versus Condition of Participation
[4] Continuing Duty
[5] Fraud in the Inducement (Promissory Fraud)
[6] Inherently False Claims
§ 3.03 Materiality
[1] “Natural Tendency”
[2] “Actual Effect”
[3] Unresolved Materiality Standard
§ 3.03A Causation
§ 3.04 Perspectives
[1] Relator Perspective
[2] Defendant Perspective
[3] Government Perspective
[4] Judicial Perspective
[5] Current Thoughts

Substantive Violations

§ 4.01 Mens Rea and Required Proof
[1] Knowingly
[2] False or Fraudulent
[3] Role of Agency Guidance Documents
[4] Materiality
§ 4.02 Government Knowledge Inference
§ 4.03 Theories of Liability
[1] Presents a False Claim: Section 3729(a) (1)(A)
[2] Use of a False Record: Section 3729(a)(1)(B)
[3] Conspiracy: Section 3729(a)(1)(C)
[4] Delivery of Less Property: Section 3729(a)(1) (D)
[5] False Receipts: Section 3729(a)(1)(E)
[6] False Purchase: Section 3729(a)(1)(F)
[7] Reverse False Claims: Section 3729(a)(1)(G)
§ 4.04 Perspectives
[1] Relator Perspective
[2] Defendant Perspective
[3] Government Perspective
[4] Judicial Perspective
[5] Current Thoughts

Healthcare Fraud Cases Under the FCA

§ 5.01 Introduction
§ 5.02 Fraudulent Billing
[1] Treatment Issues
[2] Misrepresentation of Credentials
[3] Upcoding or Improper Coding of Goods and Services
[4] Bundling and Unbundling Procedures
[5] Misrepresentation of Patient Population Data
[6] Retention of Overpayments
[7] Items Obtained at No Cost
[8] Medicare Advantage
§ 5.03 Kickbacks and Self-Referrals
[1] Anti-Kickback Statute
[2] Self-Referrals
§ 5.04 Best Price
[1] Definition of Best Price
[2] Key Players
[3] Calculation of “Best Price”
[4] The Role of “Best Price” in Defrauding the Government
[4A] “Usual and Customary Price” Fraud
[5] New Best Price Calculations—Average Sale Price
§ 5.05 Best Value: Capital Medical Equipment
[1] Background
[2] Manufacturer’s Failure to Provide Accurate Pricing Information
[3] Manufacturer’s Fraud Involving the Coding and Configurations System
§ 5.06 Off-Label Marketing
[1] Medicare and Medicaid Off-Label Drug Reimbursement
[2] FDA Regulation of Prescription Drugs
[3] Misbranding of Prescription Drugs
[4] FDA Regulation of Manufacturers’ Marketing of Prescription Drugs
§ 5.06A Fraud on the FDA or Formulary Committees
[1] “Fraud on the FDA” Theory
[2] “Fraud on the Formulary Committee” Theory
§ 5.07 Submission of Claims for Defective Medical Devices
[1] Federal and State Laws Require Medical Devices to Be Safe, Reliable, and Effective
[2] Defective Medical Equipment Fraudulently Inflates Medicare and Other Federal- and State-Funded Health Program Reimbursements
§ 5.07A Privacy Concerns in Healthcare Fraud Cases
[1] Privacy Regulations Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA)
[2] HIPAA Concerns in Qui Tam Cases
[3] Qui Tam Suits Based on HIPAA Violations
§ 5.07B Manufacturing Standards
[1] Current Good Manufacturing Practices (cGMPs)
[2] Adulterated Drug Prohibition
[3] Qui Tam Cases Involving Manufacturing Standards
§ 5.08 Perspectives
[1] Relator Perspective
[2] Defendant Perspective
[3] Government Perspective
[4] Judicial Perspective
[5] Current Thoughts

Other Kinds of Fraud Cases Under the FCA

§ 6.01 Government Procurement Fraud
[1] Generally
[2] Defense Industry
[3] Small Business
[4] Military Healthcare
§ 6.02 Environmental Regulation
[1] Problems in Enforcing Environmental Regulations and Private Lawsuit Limitations
[2] Government Contract Fraud and Environmental Law Violations
§ 6.03 Financial Services Industry
§ 6.04 Oil, Gas, and Mining
§ 6.05 Scientific Research
§ 6.06 Education Fraud
§ 6.07 U.S. Customs Duties
§ 6.08 Prevailing Wage Laws and the False Claims Act
§ 6.09 Perspectives
[1] Relator Perspective
[2] Defendant Perspective
[3] Government Perspective
[4] Judicial Perspective
[5] Current Thoughts

Protection from Retaliation

§ 7.01 Overview of a Cause of Action
§ 7.02 “Any Employee” Defined
[1] Employees Responsible for Investigating Fraud
[2] Independent Contractors
[3] Federal Government Employees
[4] State Government Employees
[5] Local Government Employees
[6] School Board Employees
§ 7.03 “Discriminated Against” Defined (Adverse Employment Action)
§ 7.04 “Employer” Defined
[1] General Construction of “Employer”
[2] Corporate Shield Exception
[3] Government Employers
[4] Post-FERA Issues
§ 7.05 Protected Activity: Lawful Actions “in Furtherance of” an FCA Claim
[1] Protected Activity: Circuit Court Views
[2] Relator Did Not Engage in Protected Activity
[3] Examples of Protected Activity
§ 7.05A Evidence, Burdens of Proof, and Causation
[1] Initial Burden of Proof
[2] Shifting Burdens Once a Prima Facie Case for Retaliation is Made
[3] Evidence of Pretext
[4] Causation
§ 7.06 Employer Knowledge Prerequisite
[1] Two-Pronged Approach
[2] Employees Responsible for Investigating Fraud
§ 7.07 Damages
[1] Double Back Pay
[2] Other Damages
[3] Limits on Recovery: After-Acquired Evidence
[4] Mitigating Damages
§ 7.08 Preliminary Injunctive Relief
§ 7.09 Statute of Limitations
§ 7.10 Perspectives
[1] Relator Perspective
[2] Defendant Perspective
[3] Government Perspective
[4] Judicial Perspective
[5] Current Thoughts

Jurisdiction, Venue, and Other Threshold Issues

§ 8.01 Jurisdiction and Venue Generally
§ 8.02 Federal Court Proceedings
[1] Personal Jurisdiction
[2] Subject Matter Jurisdiction
[3] Supplemental Jurisdiction over State Law Claims
§ 8.03 Multidistrict Litigation
§ 8.04 State Court Jurisdiction
[1] Jurisdiction Over FCA Claims
[2] Removal Issues
[3] Foreign Corporations Registered to Do Business in a State
§ 8.05 Concurrent Proceedings
[1] Criminal
[2] Bankruptcy
[3] Federal Agency Proceedings
§ 8.06 Venue
[1] District Court Venue
[2] Alien Venue Act
[3] Transfer of Venue
[4] Curing Defective Venue
[5] Forum Non Conveniens
§ 8.07 Other Threshold Issues
[1] Service of Process
[1A] Statute of Limitations
[2] Laches
[3] Joinder
[3A] Double Jeopardy
[3B] Preclusion
[4] Alternative Dispute Resolution Procedures
[5] Dual Representation
[6] Who Can Be a Relator?
§ 8.08 Perspectives
[1] Relator Perspective
[2] Defendant Perspective
[3] Government Perspective
[4] Judicial Perspective
[5] Current Thoughts

Pleadings and Disclosures

§ 9.01 Preparing the Disclosure Statement
§ 9.02 Filing the Complaint
[1] Generally
[2] Consequences of Governmental Intervention
[3] Consequences of Nonintervention
§ 9.03 Pleadings
[1] Subject Matter Jurisdiction
[2] Amending the Complaint
[3] Counterclaims
[4] Preliminary Injunctions
[5] Collateral Estoppel

Pretrial Motions and Discovery

§ 9A.01 Discovery
[1] Generally
[2] Discovery Prior to Unsealing the Case
[3] Discovery After Unsealing Case
[4] E-Discovery
[5] Sanctions
[6] Jurisdictional Discovery
[7] Privileges
[8] Touhy Regulations
[9] Taking Documents
§ 9A.02  [Reserved]
§ 9A.03 Applicability of Rules 8 and 9(b) to the False Claims Act
§ 9A.04 Level of Particularity Required
[1] Strict Particularity Requirements
[2] Pleading the Details of the Claim
[3] Relaxed Particularity Requirements
[4] Statistical Sampling
§ 9A.05 Waiver of Rule 9(b) Objection
§ 9A.06 Pretrial Motions
[1] Rule 12 Motion to Dismiss
[2] Summary Judgment
§ 9A.07 Perspectives
[1] Relator Perspective
[2] Government Perspective
[3] Defendant Perspective
[4] Judicial Perspective
[5] Current Thoughts

Trial and Appellate Issues

§ 9B.01 Burden of Proof
§ 9B.02 Expert Witnesses
[1] Generally
[2] Work Product Protection for Expert Witnesses
§ 9B.03 Timeliness of Appeals
§ 9B.04 Subpoenas
§ 9B.05 Jury Issues
§ 9B.06 Interlocutory Appeals

Pitfalls of Filing Suit

§ 10.01 Tax Bar: 31 U.S.C. § 3729(e)
§ 10.02 First-to-File Rule: 31 U.S.C. § 3730(b) (5)
[1] Multi-claim Complaints
[2] Jurisdictional Issues
[3] Rule 9(b)’s Role in First-to-File Cases
§ 10.03 Members of Armed Forces: 31 U.S.C. § 3730 (e)(1)
§ 10.04 Members of Legislative, Judiciary, or Executive Branches: 31 U.S.C. § 3730(e)(2)
§ 10.05 Government Action Bar: 31 U.S.C. § 3730 (e)(3)
§ 10.06 Public Disclosure Bar: 31 U.S.C. § 3730 (e)(4)
[1] Have Allegations or Transactions Been Publicly Disclosed?
[2] Is the Qui Tam Action “Based Upon” Publicly Disclosed Allegations or Transactions?
[3] Are the Public Disclosures Substantially the Same as the Allegations or Transactions of the Relator’s Suit?
§ 10.07 Is the Relator the Original Source? 31 U.S.C. § 3730(e)(4)(B)
[1] Direct and Independent Knowledge
[2] Voluntarily Provided the Information
[3] Additional Requirements
[4] Allegations in the Complaint
[5] Can Multiple Relators Be Original Sources?
[6] The Effect of Government Intervention
§ 10.08 Pre-Filing and Post-Filing Release Bar
§ 10.09 Constitutional Concerns
[1] Standing
[2] Eleventh Amendment
[3] Take Care Clause
[4] Appointments Clause
[5] Other Constitutional Issues
§ 10.09A Ethical Concerns
[1] State Ethical Rules and Guidance
[2] Ex Parte Contact with Represented Persons
§ 10.10 Perspectives
[1] Relator Perspective
[2] Defendant Perspective
[3] Government Perspective
[4] Judicial Perspective
[5] Current Thoughts

FCA Damages and Penalties

§ 11.01 Damages in False Claims Cases Generally
§ 11.02 Damages for Mischarge and Overcharge Cases
§ 11.03 Variations of Mischarge and Overcharge Damage Models in Substandard Product and Services Cases
[1] Benefit of the Bargain
[2] Out of Pocket
[3] Repair and Replacement Costs
[4] Entire Amount Expended
[5] Government Utilization
[6] Failure to Test
§ 11.04 Damages in False Negotiation Cases
[1] Bid Rigging Cases
[2] Defective Pricing Cases
[3] Damages in Kickback Cases
[4] Damages in Fraud in the Inducement Cases
[5] Equitable Issues: Void and Voidable Contracts in False Negotiation Cases
§ 11.05 Damages in False Certification Cases
[1] Actual Loss Test
[2] But For Test
[3] Reduction for Amounts Reimbursed or Otherwise Paid to the Government
§ 11.06 Reverse False Claim Cases
§ 11.06A Damages in Small Business Status Misrepresentation Cases
§ 11.07 Additional Damages
[1] Recovery of Consequential Damages
[2] Indirect Damage Elements
§ 11.08 Proving Damages
§ 11.09 Reduction of Damages for Voluntary Disclosure; Reduction of the Multiplier
§ 11.09A Freezing Assets Through Preliminary Injunctions
§ 11.10 Penalties Under the FCA
[1] The General Rule
[2] Determining the Number of Penalties
[3] Determining the Level of Penalties
§ 11.11 Constitutional Issues Relating to Damages and Penalties
[1] Double Jeopardy
[2] Excessive Fines
§ 11.12 Perspectives
[1] Relator Perspective
[2] Defendant Perspective
[3] Government Perspective
[4] Judicial Perspective
[5] Current Thoughts

Defending and Preventing Suit

§ 12.01 Introduction
§ 12.02 Initial Defensive Considerations and Strategies
[1] Selecting Counsel
[2] Anticipating Qui Tam Suits
§ 12.03 Conducting an Internal Investigation
[1] Overview
[2] Procedures for Internal Investigations
§ 12.04 The Government’s Intervention Decision
§ 12.05 Pretrial Strategies
[1] Motions to Dismiss and for Summary Judgment
[2] Discovery Issues
[3] Offers of Judgment
§ 12.06 Parallel Issues in Criminal and Civil Cases
[1] Search Warrants
[2] Grand Jury Subpoenas
[3] Stays of Litigation
[4] Government Interviews
§ 12.07 Corporate Liability and Knowledge
[1] Vicarious Liability
[2] Corporate Officers’ Liability
[3] Imputing Scienter to the Corporation
[4] Parent/Subsidiary Liability
[5] Successor Liability
§ 12.07A Insurance Coverage
§ 12.08 Preventing Qui Tam Suits
[1] Organizational Compliance and Ethics Programs
[2] Department of Justice Guidelines on Corporate Compliance
[3] Other Compliance Issues
[4] Mandatory Arbitration
[5] Employee Releases
§ 12.09 Perspectives
[1] Relator Perspective
[2] Defendant Perspective
[3] Government Perspective
[4] Judicial Perspective
[5] Current Thoughts

Settlement, Attorney’s Fees, Relator Share, and Dismissal

§ 13.01 Statutory Settlement Requirements: The Rights of Government and the Relator to Object
[1] Settlement Must Be “Fair, Adequate, and Reasonable”
[2] Relator’s Right to Object When Government Intervenes
[3] Government’s Right to Object if There Was No Previous Intervention
§ 13.02 Calculating the Relator’s Share
[1] Impact of Settlement Before Trial
[2] Impact of Government Intervention
[3] Effect of Government Nonintervention
[4] Effect of Relator Involvement in Wrongdoing
[5] When the Government Pursues Alternate Remedies
[6] Other Government Attempts to Minimize Relator’s Contribution
[7] Impact of Multiple Relators
§ 13.03 Determining the “Proceeds of the Action”
[1] Non-Cash Remedies
[2] Actual Recovery
§ 13.04 Attorney’s Fees, Costs, and Expenses
[1] Who Owns the Fee?
[2] What Constitutes “Reasonable Attorney’s Fees”
[2A] Fees and Costs for Matters Deemed Unrelated
[2B] Multiple Whistleblowers
[3] Apportionment of Attorney’s Fees, Costs, and Expenses Among Multiple Defendants
[4] Defendant’s Right to Recover Attorney’s Fees, Costs, and Expenses
§ 13.05 Settlement Documents
[1] Confidentiality Agreements
[2] Corporate Integrity Agreements
§ 13.06 Dischargeability of FCA Settlement Payment in Bankruptcy
[1] Debtor Is a Corporation
[2] Debtor Is an Individual
§ 13.07 Taxes
[1] Deductibility of Settlement Payment by Defendant
[2] Taxability of Relator’s Share of Recovery
[3] Taxability of Attorney’s Fees as Part of Relator’s Share of Recovery
§ 13.07A Statutory Dismissal Requirements: The Rights of the Government versus the Rights of the Relator to Object
[1] Standards for Dismissal
[2] Rights of the Relator to Object
[3] Tension Between Relator’s Right to Object to Settlement and the Right to Object to Dismissal
[4] Deductibility of Relator’s Attorney’s Fees
§ 13.07B Alternative Dispute Resolution
[1] Arbitration
[2] Mediation
§ 13.07C Voluntary Dismissal
§ 13.07D Bellwether Trials
§ 13.08 Perspectives
[1] Relator Perspective
[2] Defendant Perspective
[3] Government Perspective
[4] Judicial Perspective
[5] Current Thoughts

State and Municipal False Claims Acts
and Other Whistleblower Statutes
§ 14.01 Overview of State False Claims Acts
§ 14.02 The Deficit Reduction Act of 2005
§ 14.03 Liability and Damages Provisions
§ 14.04 Procedural Issues
[1] Who Can Be a Relator?
[1A] Who Can Be a Defendant?
[2] Statute of Limitations
[3] Privileges
[4] Counterclaims
[5] Other Procedural Issues
§ 14.05 Jurisdictional Bars to Actions
[1] First to File Bar
[2] Public Disclosure Bar
§ 14.06 Retaliation
§ 14.07 Relator’s Share
§ 14.08 Municipal and County False Claims Acts
[1] Chicago
[2] Philadelphia
[3] Miami-Dade County
[4] Allegheny County
§ 14.09 Issues Arising from State and Municipal False Claims Acts
[1] Interpretation of State and Municipal Statutes
[2] Constitutional Challenges
§ 14.10 Perspectives
[1] Relator Perspective
[2] Defendant Perspective
[3] Government Perspective
[4] Judicial Perspective
[5] Current Thoughts

Non-FCA Federal Whistleblower Programs

§ 15.01 Internal Revenue Service Whistleblower Program
[1] Generally
[2] Whistleblower Provisions
[3] Filing a Claim and Form 211
[4] Criticisms
§ 15.02 American Recovery and Reinvestment Act
[1] Prohibition Against Reprisals
[2] Agency Action
[3] Civil Action
§ 15.03 Securities and Exchange Commission Whistleblower Program
[1] Prohibition Against Retaliation
[2] Scope
[3] Retaliation
[4] Civil Action
§ 15.04 Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010
[1] Generally
[2] Whistleblower Provisions
[3] Protections Against Retaliation
[3A] Statute of Limitations
[3B] Employment Agreements
[4] Criticism
§ 15.05 Energy Reorganization Act
[1] Generally
[2] Prima Facie Retaliation
[3] Contributing Factor
[4] Adverse Employment Action
[5] Standard of Review
§ 15.06 Financial Institutions Reform, Recovery, and Enforcement Act
[1] Generally
[2] Whistleblower Provisions
[3] Protections Against Retaliation
[4] Threat of Parallel Litigation
§ 15.06A Maritime Whistleblowers
§ 15.07  Defend Trade Secrets Act of 2016
§ 15.08 Employees of Government Contractors or Grantees
[1] Generally
[2] Procedure and Remedies
§ 15.09 Automotive Industry Whistleblowers
[1] Generally
[2] Whistleblower Awards
[3] Retaliation