TABLE OF CONTENTS CHAPTER 1 False Claims Act: Qui Tam and Retaliation Claims § 1.01 Introduction [1] Overview of the False Claims Act [2] History and Amendments § 1.02 False Claims Act Liability and Qui Tam Suits [1] Elements and Examples of False Claims Act Claims [a] Statutory Liability Provisions [b] "Person" Defined [c] Knowing Submission [d] Materiality [e] False and Fraudulent Claims [i] Fraudulent Billing in Healthcare [ii] Off-Label Drug Marketing in the Pharmaceutical Industry [iii] Fraudulent Billing in National Defense and Homeland Security Contracts [iv] Mortgage-Related Fraud [v] Troubled Asset Relief Program Fraud [2] Statutory Bars to Qui Tam Actions [a] Public Disclosure Bar [b] Original Source Exception to Public Dis-closure Bar [c] First-to-File Bar [3] Filing a Qui Tam Claim--The Litigation Process [a] Jurisdiction and Limitations Period [b] Filing the Complaint and Disclosure Statement [c] Government Investigation During the Seal Period [d] Intervention Decision [e] Pleading Standard [4] Damages and Penalties [a] Treble Damages [b] Calculation of Actual Damages [c] Penalties [5] Relator''s Share in a Successful Qui Tam [a] Factors That May Increase a Relator''s Share [b] Factors That May Decrease a Relator''s Share [6] Settlement/Release of Qui Tam Claims § 1.03 FCA Retaliation Claims [1] Prohibited Retaliation and Amendments [2] Prima Facie Case [a] Protected Activity [b] Employer Knowledge [c] Causation [d] Burden of Proof [3] Limitations Period for FCA Retaliation Claims and Procedural Issues Related to Filing [4] Pleading Standard [5] Remedies [6] Settlement/Release of Section 3730(h) Claims CHAPTER 2 Sarbanes-Oxley Act of 2002 § 2.01 Overview [1] Whistleblower Provision: Section 806 [2] Dodd-Frank Amendments to SOX § 2.02 Covered Employer [1] Publicly Traded Companies [2] Consolidated Subsidiaries [3] Contractors, Subcontractors, and Agents [a] Retaliation Against Contractors'' Employees [b] Retaliation Against Employees of Public-ly Traded Companies [4] Individual Liability § 2.03 Covered Employee [1] Classification as Employee or Independent Con-tractor &nbs.
Whistleblower Law : A Practitioner's Guide