Book

False Claims Act: Whistleblower Litigation, Seventh Edition, with 2018 Supplement

This treatise provides guidance and analysis of the False Claims Act and the legislative developments and judicial opinions surrounding it. It 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.


Meet The Author

Description

Effectively litigate qui tam cases with this definitive treatise, which provides guidance and analysis of the False Claims Act and the legislative developments and judicial opinions surrounding it. It 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 1980s and again in 2008.

The False Claims Act: Whistleblower Litigation comes with a downloadable, searchable PDF, providing letters, complaints, statements, interrogatories, requests, motions, and affidavits.

The Seventh Edition includes:

  • The U.S. Supreme Court’s decision in Rigsby and a full analysis of all Supreme Court decisions on the False Claims Act
  • How courts are applying Escobar analysis as well as the views of the Department of Justice
  • How courts are applying the amended public disclosure bar
  • Material on enforcing arbitration agreements in False Claims Act cases
  • The application of Fed. R. Civ. P. 9(b) in all federal circuits
  • Using statistical sampling to prove damages
  • A comprehensive set of jury instructions—an exclusive feature—along with special interrogatories and a sample verdict form for use in False Claims Act cases, covering issues such as scienter, claims under the seven FCA prongs, materiality, obligations, damages, joint and several liability, retaliation, and several State FCA provisions;.
  • A comprehensive history of the False Claims Act
  • Coverage of United States amicus briefs
  • Increased statutory penalties
  • Analysis of the highest relator share awards over the last thirty years 
  • And much more! 

The 2018 Supplement discusses: 

  • Strained judicial interpretations of the Escobar materiality standard
  • The split deepens among the circuits on the appropriate statute of limitations
  • Substantial increases in FCA monetary penalties
  • The most recent FCA recoveries
  • The growing trend of the government objecting to dismissal of relators
  • Recent interpretations of the amended original source provision
  • Use of statistical sampling to establish liability
  • Air Force qui tam litigation and Touhy requests

Summary of Contents

History of Qui Tam Litigation * Statutory Framework * Constitutionality * Subject Matter Jurisdiction * Other Threshold Issues * Attorney-Client Relationships * Preparation of the Sealed Case * Discovery * Common Defenses * Common Motion Practice * Use of Testifying and Nontestifying Experts * Trial Strategies * Damages * Whistleblower Protections in the Workplace * Relator’s Share of the Recovery * Attorneys’ Fees * Appeals * Settlement * The Media, Congress, and the Public Interest *  Future Outlook * State False Claims Statutes * The Supreme Court * Appendices • Table of Cases • Index

 

Author

Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.

James B. Helmer, Jr., is a senior partner and President of Helmer, Martins, Rice & Popham Co., L.P.A., Cincinnati, OH. Mr. Helmer has obtained several multimillion-dollar jury verdicts and has been trial counsel in over 300 published legal decisions including over 100 dealing with the False Claims Act. His False Claims Act cases have returned nearly $1 billion to taxpayers and have resulted in 15 criminal indictments. He argued the Allison Engine False Claims Act case before the United States Supreme Court.

 

 

 

Contents

View full tables of contents and read the book’s preface or introduction.

Reviews

Read what others have to say about this Bloomberg BNA book.

“The most experienced False Claims Act attorney in the country, Helmer has generously shared his insights, experience and expertise with others in this much needed and updated treatise. Whether a practitioner is committed to protecting the government’s money or defending those accused...this tremendous resource will be a trusted guide for years to come. “

Joseph E.B. White

Nolan & Auerbach., P.A., Former President and CEO, Taxpayers Against Fraud Education Fund and Editor, False Claims Act & Qui Tam Quarterly Review