BOOK

False Claims Act: Whistleblower Litigation, Sixth Edition, with 2014 Cumulative Supplement

Not Yet Published, But Available to Order.

DESCRIPTION

2012/1,594 pp. Hardcover with 2014 Cumulative Supplement Order #9477P
2014 Cumulative Supplement alone/218 pp. SoftcoverOrder #2477

Effectively litigate qui tam cases with this definitive guide

The False Claims Act is one of the most litigated pieces of legislation ever enacted by Congress, with more than 8,000 claims filed under the Act since 1986 and $30 billion in taxpayer funds recovered, including $9 billion in 2012. Amendments in 2009 and 2010 helped simplify this process of bringing a case under the Act, but many nuances and hurdles remain. False Claims Act: Whistleblower Litigation, Sixth Edition provides guidance and analysis of the Act and the legislative developments and judicial opinions surrounding it. This treatise offers insightful and authoritative experience on the subject from the trial lawyer called to testify before Congress on ways to modernize, update and streamline the Act in the 80s.

 In False Claims Act: Whistleblower Litigation, Sixth Edition, practitioners will find discussion of pharmaceutical company liability; circuit-by-circuit analysis of Civil Rule 9(b) to False Claims Act complaints; bankruptcy proceedings; statute of limitations for whistleblower employment protections; identifying alternate proceedings; disclosure of defendants’ fee information; settlement challenges by relator, non-settling defendants, and the government; and state and municipal False Claim Act statutes.

Since 2007, Congress has amended the False Claims Act three times and courts have issued more than 2,000 opinions related to the Act. These amendments are fully examined and explained in the Sixth Edition. The treatise covers all aspects of litigation in this complex area. The treatise also includes a chapter that details all U.S. Supreme Court opinions related to the Act and their significance; a chapter on the numerous state False Claims Acts that have been enacted; and a comprehensive collection of appendices on a searchable CD-ROM, providing more than 40 letters, complaints, statements, interrogatories, requests, motions, and affidavits. 

With the Sixth Edition, practitioners have all the model forms and procedures needed to effectively litigate qui tam cases. The treatise also includes a table of cases and all versions of this unusual and remarkable statute and its legislative history, providing a quick reference for both plaintiff and defense attorneys analyzing the unique qui tam litigation allowed by the Act. 

The 2014 Cumulative Supplement includes discussion of:  

  • the latest amendments to state False Claims Act statutes;

  • the emerging split amongst Circuit Courts as to the jurisdictional nature of the public disclosure bar;

  • what constitutes an “alternate remedy”;

  • the reach of the Dodd-Frank Act;

  • the continued broad construing of the Anti-Kickback Statute;

  • using the Fair Debt Collection Practices Act to attach the property of FCA defendants;

  • application of the Wartime Suspension of Limitations Act and the Supreme Court’s granting of certiorari to determine the Act’s application and parameters;

  • the Third Circuit’s adoption of the more lenient Rule 9(b) standard; and

  • the Eleventh Circuit’s inching away from its Rule 9(b) Clausen opinion.

 


AUTHOR

 

James B. Helmer, Jr., is a Senior Partner and President of Helmer, Martins, Rice & Popham Co., L.P.A., in Cincinnati, Ohio. He has prosecuted qui tam cases longer than any attorney in America and has obtained several record recoveries. He has testified before several Congressional committees concerning amending the False Claims Act and argued the Allison Engine qui tam case before the Supreme Court of the United States. Mr. Helmer has obtained several multi-million dollar jury verdicts and has been trial counsel in over 300 published legal decisions including over 100 dealing with the False Claims Act.

 



REVIEWS

“This unique practice area is fraught with judicial pitfalls and circuit splits, challenging the most circumspect practitioner. However, with the assistance of Helmer’s treatise, potential stumbling blocks become stepping stones, providing a vantage point for anticipating legal and tactical challenges.”

- Joesph E.B. White, Nolan & Auerbach., Former President and CEO, Taxpayers Against Fraud Education Fund and Editor, False Claims Act & Qui Tam Quarterly Review