False Claims Act and Whistleblower Protection
K&W is experienced in advising and representing whistleblowers with knowledge of false claims and other regulatory violations under a wide range of laws, including the False Claims Act (FCA), pharmaceutical and consumer protection laws, Medicaid billing anti-fraud provisions, and environmental whistleblower protection laws.
Our expertise in protecting the rights of professionals who report violations in the environmental, consumer, and medical fields began decades ago. Our firm helped pioneer the application of whistleblower protection laws following the disaster at Three Mile Island and the release of Zomax, the deadly pain medication, by pharmaceutical conglomerate Johnson & Johnson. Since then, we have handled countless matters to protect the rights of whistleblowers, consumers, and the environment.
We have the experience, professional expertise, and resources that enable us effectively to investigate, protect, and defend whistleblowers’ rights in a variety of situations—however complex or sensitive—every step of the way.
- United States ex rel. Marcy v. Rowan Companies, Inc., et al.,[In one of the first False Claims Act cases of its kind, protecting the interests of whistleblower in suit alleging that, while employed on offshore drilling unit, he was ordered to illegally dump hazardous substances into Gulf of Mexico; the information led to a grand jury investigation and successful criminal convictions for defendants’ environmental violations, and catalyzed numerous environmental restoration projects and developments in environmental law] No. 03-3395 (E.D. La. 2003-2006) & No. 06-31238 (5th Cir. 2006)
- In re: Three Mile Island Consolidated Litigation[Successfully worked with nuclear whistleblower Larry King, the former director of site operations at the Three Mile Island nuclear plant, in litigation following the Three Mile Island disaster; King’s reports on the facility’s reckless cleanup practices likely prevented a meltdown during the cleanup of the damaged reactor] (M.D. Pa. 1979-2002)
- K&W regularly works with and advises whistleblowers in a variety of matters, and suit is often avoided.
Environmental Whistleblower Information:
The law protects those who blow the whistle on potential or actual threats to the environment. Whistleblowers have a right to report environmental violations and to be free from retaliation for doing so. They may also be able to obtain money damages and other relief from those who violate environmental laws or retaliate against whistleblowers.
If an employee is concerned about potential or actual threats to the environment, has questions about environmental whistleblower protections, or would like more information, he or she can contact our firm.
For more information, please see our guide, Environmental Whistleblowers’ Rights. It provides an overview of the federal laws that protect environmental whistleblowers, including major environmental laws (e.g., the Clean Air Act and the Clean Water Act), and the False Claims Act.
A version of our guide will be published in the American Bar Association (ABA) Litigation Section’s Environmental Litigation Newsletter (Winter 2015).