4th Circuit: Violation of False Claims Act’s Seal Provision Does Not Require Dismissal

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In an issue of first impression for the Fourth Circuit Court of Appeals, the court was confronted with the question of the appropriate remedy for a relator’s violations of the automatic seal provision of the False Claims Act. In Smith v. Clark/Smoot/Russell, 796 F.3d 424, 429 (4th Cir. 2015), the relator’s counsel, after filing the FCA complaint [...]

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Defend Trade Secrets Act + Uniform Trade Secrets Act = Potent Defense for Whistleblowers

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Courts have reached nuanced decisions on the question of whether a whistleblower who takes protected employer documents can face liability under confidentiality agreements or common-law theories, like trade secret misappropriation, conversion, or breach of the loyalty duty. Courts have generally rejected attempts to prevent whistleblower suits, including under the False Claims Act, based on such [...]

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Another Utah Renewable Energy Business Is A Complete Fraud Says DOJ

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A month ago, we reported on news that local Utah company Washake Renewable Energy had fraudulently obtained millions in government renewable energy grants to create energy that the company, in fact, never actually made. This month brings news of yet another Utah company fraudulently profiting off of renewable energy claims that are completely bogus. This [...]

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