FAQs

Is a Violation of the Anti-Kickback Law Also a Violation of the False Claims Act?

Is a Violation of the Anti-Kickback Law Also a Violation of the False Claims Act?

  Stark Act Violations or Kickbacks Can Violate the False Claims Act Both the Stark…

7 years ago

Why does the Dodd-Frank Act protect whistleblowers?

  Like Sarbanes-Oxley, DFA was passed in the wake of a financial scandal—the subprime mortgage…

7 years ago

Does the False Claims Act Prohibit Bid Rigging?

  Bid rigging can violate the False Claims Act (FCA) under a fraudulent inducement theory.  In…

7 years ago

Does the False Claims Act Prohibit Fraudulent Inducement of a Contract?

Where a defendant causes a contract to be procured by fraud, all claims for payment…

7 years ago

What types of false claims are prohibited by the False Claims Act?

  False Claims Prohibited by the False Claims Act The False Claims Act permits whistleblowers,…

7 years ago

How can a whistleblower prove retaliation?

Circumstantial Evidence Proving Retaliation Circumstantial evidence of retaliation includes: temporal proximity; indications of pretext; inconsistent…

7 years ago

Does a SOX whistleblower need to prove that the employer’s reason for the adverse action is untrue?

A SOX whistleblower is not required to disprove the employer’s allegedly legitimate, non-retaliatory reason for…

7 years ago

Does OSHA prohibit gag clauses in settlement agreements?

OSHA Prohibits Gag Clauses in Settlement Agreements When a whistleblower retaliation case is resolved before…

7 years ago

Where are SOX whistleblower cases litigated?

A claim under the anti-retaliation provision of the Sarbanes-Oxley Act must be filed initially at…

7 years ago

Who administers the whistleblower protection provision of the Sarbanes-Oxley Act?

  A claim under the anti-retaliation provision of the Sarbanes-Oxley Act must be brought initially…

7 years ago

Do mandatory arbitration agreements encompass SOX whistleblower claims?

Sarbanes-Oxley retaliation claims are exempt from mandatory arbitration agreements. The statute states: "No predispute arbitration…

7 years ago

Can I sue an individual under the Sarbanes-Oxley Act?

  Individual Liability Under SOX Whistleblower Protection Law Yes, a whistleblower can bring a SOX…

7 years ago