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The anti-retaliation provision of the False Claims Act, 31 U.S.C. § 3730(h), is a critical tool for protecting whistleblowers. Identifying a viable retaliation claim requires a clear understanding of what constitutes protected activity and how to establish causation. This presentation will examine the retaliation framework, key legal developments, evidentiary challenges, and practical approaches to effectively advocate for clients asserting FCA retaliation claims. This seminar is meant for both FCA as well as Labor & Employment practitioners.
Presented by the Federal Bar Association Qui Tam Conference 2025 sponsor Joseph | Greenwald | Laake.
Key topics to be discussed:
Date / Time: September 4, 2025
Closed-captioning available
Jay Holland, Shareholder | Joseph, Greenwald & Laake
Mr. Holland is a renowned employment and qui tam litigator known for taking on tough cases and achieving exceptional results. He represents whistleblowers in actions under the federal False Claims Act. Mr. Holland also counsels clients in individual and class action cases involving gender and race discrimination and sexual harassment, violations of the wage and hour laws, and wrongful termination.
Veronica Nannis, Shareholder | Joseph Greenwald & Laake
Ms. Nannis is a seasoned litigator who fights fraud and protects whistleblowers. Alongside her co-panelists here, she recently led the record-breaking FCA litigation that resulted in the largest Stark-based healthcare settlement in history – a record $480 million – against a major hospital system.
Gia Grimm, Associate | Joseph Greenwald & Laake
Ms. Grimm is a member of the whistleblower and employment practice groups. She represents whistleblowers and files suit against defendants defrauding state and federal governments. She also represents employees experiencing discrimination and wrongful termination.
I. Learning and identifying the elements to prove retaliation under FCA. Noting differences from other retaliation provisions (such as ADA, Title VII, common law wrongful discharge). Noting underlying FCA case not required | 2:00pm – 2:15pm
II. Discussion of scope of protected activity and adverse action under section (h). What is protected activity? Discussion on strategic considerations (procedural hurdles? Ability to pay? etc) | 2:15pm – 2:25pm
III. Learning how to assess remedies and damages (i.e. what is available and how do you create a damages model?) | 2:25pm – 2:40pm
IV. Case Examples (2 or 3 good ones) | 2:40pm – 2:50pm
V. State FCA anti-retaliation provisions. How do they differ from the Federal FCA? Discuss 3 or 4 state FCA examples | 2:50pm – 3:00pm
Approved for CLE Credits
1 General
Approved for CLE Credits
1 General
Approved for CLE Credits
1 General
Approved for CLE Credits
1 General
Approved for CLE Credits
1 General
Pending CLE Approval
1 General
Approved for CLE Credits
1 General
No MCLE Required
1 CLE Hour(s)
Pending CLE Approval
1 General
Approved via Attorney Submission
1 General Hours
Pending CLE Approval
1 General
Approved for CLE Credits
1.2 General
Pending CLE Approval
1 General
Pending CLE Approval
1 General
Approved for CLE Credits
1 General
Approved for CLE Credits
1 General
Pending CLE Approval
1 Substantive
Pending CLE Approval
1 General
Pending CLE Approval
1 General
No MCLE Required
1 CLE Hour(s)
No MCLE Required
1 CLE Hour(s)
Pending CLE Approval
1 General
No MCLE Required
1 CLE Hour(s)
Approved for Self-Study Credits
1 General
Approved for CLE Credits
1.2 General
Pending CLE Approval
1 General
Pending CLE Approval
1 General
Pending CLE Approval
1 General
Approved for CLE Credits
1 General
Pending CLE Approval
1 General
Approved for CLE Credits
60 General minutes
Approved for CLE Credits
1.2 General
Approved for CLE Credits
1 General
Approved for CLE Credits
1 General
Approved for CLE Credits
1.2 General
Approved for CLE Credits
1 General
Pending CLE Approval
1 General
Pending CLE Approval
1 General
Approved for CLE Credits
1 General
Pending CLE Approval
1 General
Pending CLE Approval
1 General
No MCLE Required
1 CLE Hour(s)
Approved for CLE Credits
1 General
Approved for CLE Credits
1 General
Pending CLE Approval
1 General
Not Eligible
1 General Hours
Approved for CLE Credits
1 General
Approved via Attorney Submission
1 Law & Legal Hours
Pending CLE Approval
1 General
Pending CLE Approval
1.2 General
Pending CLE Approval
1 General
only $395 yearly
only $395 yearly