Integra Med Analytics Loses Battle to Establish New Breed of Corporate Whistleblower Outsiders, Write Mary Inman and Max Voldman in RACMonitor

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Whistleblower Marc Silver secured a victory from the Third Circuit on September 4, 2018, which held that his action was not blocked by the “public disclosure bar” of the False Claims Act, reversing a lower court that had dismissed his action. The Third Circuit’s opinion appropriately recognizes that a whistleblower can use non-public information as a bridge between public information and allegations of fraud,...
Early this month, the U.S. Court of Appeals for the Eighth Circuit declined to revive a whistleblower’s False Claims Act (FCA) suit, ruling that prior litigation and government reports triggered the statutory public disclosure bar, even though the public disclosures at issue did not mention the defendants in the case. The case, United States ex rel. Lager v. CSL Behring. LLC, concerned fraud in the prescription drug...
On Friday, May 13th, the SEC made an award of more than $3.5 million to a whistleblower the agency described as a “company employee whose tip bolstered an ongoing investigation with additional evidence of wrongdoing that strengthened the SEC’s case.”
The SEC’s whistleblower program explicitly provides for financial rewards not only to those whose information prompts an investigation, but also to those...
By Gordon Schnell (Published in Law360)
There continues to be some uncertainty on just how far the so-called public disclosure bar reaches to prevent whistleblowers from bringing suit under the False Claims Act. It is a subject filled with such nuance and fact dependency there may never be complete clarity on how any one case scenario may play out. But thanks to a string of recent court of appeals decisions—four...