Identifying and Litigating the Retaliation Case under the False Claims Act (Presented by the Federal Bar Association Qui Tam Conference 2025 sponsor Joseph, Greenwald & Laake)

Jay Holland
Veronica Nannis
Gia Grimm
Jay Holland | Joseph, Greenwald & Laake
Veronica Nannis | Joseph, Greenwald & Laake
Gia Grimm | Joseph, Greenwald & Laake
Live Video-Broadcast: September 4, 2025

1 hour CLE

Tuition: $395.00
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Program Summary

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:

  • Learn how to identify the elements required to prove retaliation under the FCA
  • Understand the scope of protected activity under section (h)
  • Evaluate strategic considerations in litigating section (h) cases (i.e. procedural hurdles)
  • Learn how to assess remedies and damages

Date / Time: September 4, 2025

  • 2:00 pm – 3:00 pm Eastern
  • 1:00 pm – 2:00 pm Central
  • 12:00 pm – 1:00 pm Mountain
  • 11:00 am – 12:00 pm Pacific

Closed-captioning available

Speakers

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.

Agenda

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

Credits

Alaska

Approved for CLE Credits
1 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for CLE Credits
1 General

Arkansas

Approved for CLE Credits
1 General

Arizona

Approved for CLE Credits
1 General

California

Approved for CLE Credits
1 General

Colorado

Pending CLE Approval
1 General

Connecticut

Approved for CLE Credits
1 General

District of Columbia

No MCLE Required
1 CLE Hour(s)

Delaware

Pending CLE Approval
1 General

Florida

Approved via Attorney Submission
1 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
1 General

Hawaii

Approved for CLE Credits
1.2 General

Iowa

Pending CLE Approval
1 General

Idaho

Pending CLE Approval
1 General

Illinois

Approved for CLE Credits
1 General

Indiana

Approved for CLE Credits
1 General

Kansas

Pending CLE Approval
1 Substantive

Kentucky

Pending CLE Approval
1 General

Louisiana

Pending CLE Approval
1 General

Massachusetts

No MCLE Required
1 CLE Hour(s)

Maryland

No MCLE Required
1 CLE Hour(s)

Maine

Pending CLE Approval
1 General

Michigan

No MCLE Required
1 CLE Hour(s)

Minnesota

Approved for Self-Study Credits
1 General

Missouri

Approved for CLE Credits
1.2 General

Mississippi

Pending CLE Approval
1 General

Montana

Pending CLE Approval
1 General

North Carolina

Pending CLE Approval
1 General

North Dakota

Approved for CLE Credits
1 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
1 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
60 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
1.2 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
1 General

Nevada

Approved for CLE Credits
1 General

New York

Approved for CLE Credits
1.2 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for CLE Credits
1 General

Oklahoma

Pending CLE Approval
1 General

Oregon

Pending CLE Approval
1 General

Pennsylvania

Approved for CLE Credits
1 General

Rhode Island

Pending CLE Approval
1 General

South Carolina

Pending CLE Approval
1 General

South Dakota

No MCLE Required
1 CLE Hour(s)

Tennessee

Approved for CLE Credits
1 General

Texas

Approved for CLE Credits
1 General

Utah

Pending CLE Approval
1 General

Virginia

Not Eligible
1 General Hours

Vermont

Approved for CLE Credits
1 General

Washington

Approved via Attorney Submission
1 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
1 General

West Virginia

Pending CLE Approval
1.2 General

Wyoming

Pending CLE Approval
1 General

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