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whistleblowers
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The Name of the Game is Compliance

Two more points for now on California’s Private Attorneys General Act. First, in many cases, you don’t have to prove that your employer’s violation hurt you or cost you anything. You just need a violation. For example, the Labor Code requires pay stubs to accurately itemize certain basic information. If yours don’t, it’s a violation Read More

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California’s Private Attorneys General Act

Here’s more of what we touched on last week. Under PAGA, employees can sue their employers for all labor-code violations against them and their fellow employees. To do it, you have to be a current or former employee who was affected by at least one of the violations. If so, you can sue on behalf of Read More

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Make PAGA Great Again

Say what? PAGA refers to a California law that allows employees to sue their employer for labor-code violations on behalf of all fellow employees. It means one person can sue for all violations an employer has committed, even if they only affected other people, as long as at least one affected him or her personally. It’s Read More

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SCOTUS Says You Must Tell the SEC

Last week, the U.S. Supreme Court settled an important question for the SEC’s whistleblower program. That program awards you money for reporting corporate misdeeds to the Commission. It also protects you from retaliation because you can sue to recover your position, double your back pay, and accrued interest, legal fees, and litigation costs. Well, the Court said you Read More

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A Tale of Two Memos for White-Collar Cases and Whistleblowers

In the past month, the U.S. Justice Department has released two memoranda that will affect civil enforcement generally and the False Claims Act specifically. The first memo confirms that DOJ will more actively dismiss the whistleblower cases it turns down rather than let them run their course. The memo follows a surprise announcement in October Read More

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DOJ Will Clear Out Weak Qui Tam Cases

In a surprise announcement, the U.S. Justice Department says it will start moving to dismiss weak whistleblower cases brought under the False Claims Act rather than let them run their course. The announcement was made at a recent conference by the Director of Commercial Litigation for the Fraud Section of the Department’s Civil Division. I Read More

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Don’t Keep The Change, Doc

Meaning, don’t just pocket the difference when the government overpays you for healthcare goods or services. Recently, a medical group agreed to pay $450,000 to settle allegations that it refused to return $175,000 in overpayments that it received from federal healthcare programs like Medicare and Medicaid. Here’s the government’s press release. The overpayments at issue tend to happen in medical Read More

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Throwing Pitches in a Civil Case

Make that Pitchess with an extra s—as in Pitchess motions. In California, they’re how you ask a court to order the production of a police officer’s personnel file in litigation. We’ve written about them in the context of criminal cases, but the procedure’s the same in civil cases, as a court of appeal recently explained in an employment case. A Read More

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SEC Reports Enforcement Results for 2016

As we wind down the calendar year, the Securities and Exchange Commission has already reported its enforcement results for the fiscal year that ended September 30. In case you missed it, here’s the press release. Naturally, there’s some self-patting on the back, but if the past predicts the future, the agency is looking to file cases. Its Read More

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Double, Triple Whammies and Rewards

Speaking of the False Claims Act, get ready to buckle up. Starting Monday, an interim final rule by the U.S. Justice Department will nearly double the statute’s civil monetary penalties for each false claim. The minimum penalty will go from $5,500 to $10,781, and the maximum penalty will go from $11,000 to $21,563. For defendants, this means you’re looking at a Read More

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