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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)

2025-09-04 14:00:00

2025-09-04 14:00:00

Explore whistleblower protections under the False Claims Act, covering retaliation elements, protected activities, available remedies, and state law comparisons.

2025-09-04 14:00:00

Explore whistleblower protections under the False Claims Act, covering retaliation elements, protected activities, available remedies, and state law comparisons.

2025-09-04 14:00:00

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Course Overview

Navigating FCA Whistleblower Retaliation Claims

Participants will learn to identify, prove, and litigate retaliation claims under Section 3730(h) of the False Claims Act. Gain practical skills for evaluating protected activity, causation, and damages.

Protected Activity

Identify conduct qualifying for whistleblower protection.

Causation Standards

Apply but-for causation tests across circuits.

Adverse Actions

Recognize retaliation beyond termination scenarios.

Damages Recovery

Calculate double back pay and emotional distress.

Course Overview

Navigating FCA Whistleblower Retaliation Claims

Participants will learn to identify, prove, and litigate retaliation claims under Section 3730(h) of the False Claims Act. Gain practical skills for evaluating protected activity, causation, and damages.

Protected Activity

Identify conduct qualifying for whistleblower protection.

Causation Standards

Apply but-for causation tests across circuits.

Adverse Actions

Recognize retaliation beyond termination scenarios.

Damages Recovery

Calculate double back pay and emotional distress.

Why Attend

Why this 
program matters

Understanding False Claims Act retaliation provisions is critical for attorneys to protect whistleblower clients from employer reprisals while pursuing fraud claims worth billions in federal recoveries.
$85B+
Total FCA settlements and judgments recovered since Congress strengthened the statute in 1986.
1.3k
Record number of whistleblower qui tam lawsuits filed in fiscal year 2025, the highest in FCA history.
69%
Percentage of whistleblowers who lost their jobs or were forced to retire after reporting fraud, according to academic research.
83%
Healthcare fraud share of total FCA recoveries in FY 2025, representing over $5.7 billion of the $6.8 billion recovered.

Agenda

Session 1

Elements to Prove FCA Retaliation Claims

Session 2

Protected Activity and Adverse Action Scope

Session 3

Assessing Remedies and Building Damages Models

Session 4

Real-World FCA Retaliation Case Examples

Session 5

State FCA Anti-Retaliation Provision Differences

clock 2:00 pm - 2:15 pm EST

Elements to Prove FCA Retaliation Claims

Jay Holland

Joseph, Greenwald & Laake

Veronica Nannis

Joseph, Greenwald & Laake

Gia Grimm

Joseph, Greenwald & Laake

This session examines the three essential elements for establishing a prima facie retaliation case under Section 3730(h): protected conduct, employer knowledge, and adverse action with causal link. Participants will learn how FCA retaliation claims differ from Title VII, ADA, and common law wrongful discharge provisions, and understand why no underlying FCA qui tam case is required.

Jay Holland

Joseph, Greenwald & Laake

Veronica Nannis

Joseph, Greenwald & Laake

Gia Grimm

Joseph, Greenwald & Laake

clock 2:15 pm - 2:25 pm EST

Protected Activity and Adverse Action Scope

Jay Holland

Joseph, Greenwald & Laake

Veronica Nannis

Joseph, Greenwald & Laake

Gia Grimm

Joseph, Greenwald & Laake

This session explores what constitutes protected activity under the broadened post-FERA amendments, including internal disclosures, investigations, and refusal to participate in fraud. Attendees will examine the expanded coverage for contractors and agents, employer knowledge requirements, causation standards, and strategic considerations including document retention and procedural hurdles.

Jay Holland

Joseph, Greenwald & Laake

Veronica Nannis

Joseph, Greenwald & Laake

Gia Grimm

Joseph, Greenwald & Laake

clock 2:25 pm - 2:40 pm EST

Assessing Remedies and Building Damages Models

Jay Holland

Joseph, Greenwald & Laake

Veronica Nannis

Joseph, Greenwald & Laake

Gia Grimm

Joseph, Greenwald & Laake

Participants will learn the full scope of available remedies under Section H, including reinstatement, double back pay with interest, and uncapped emotional distress damages. This session covers how to build effective damages models, mitigation considerations, and the strategic use of expert witnesses for psychological harm, vocational rehabilitation, and economic calculations.

Jay Holland

Joseph, Greenwald & Laake

Veronica Nannis

Joseph, Greenwald & Laake

Gia Grimm

Joseph, Greenwald & Laake

clock 2:40 pm - 2:50 pm EST

Real-World FCA Retaliation Case Examples

Jay Holland

Joseph, Greenwald & Laake

Veronica Nannis

Joseph, Greenwald & Laake

Gia Grimm

Joseph, Greenwald & Laake

This session presents instructive case examples including an $845 million Connecticut laboratory testing settlement involving excessive urinalysis billing. Additional cases involving Buy America Act violations in DoD contracts and Service Contract Act provisions demonstrate how retaliation claims operate independently from underlying qui tam allegations.

Jay Holland

Joseph, Greenwald & Laake

Veronica Nannis

Joseph, Greenwald & Laake

Gia Grimm

Joseph, Greenwald & Laake

clock 2:50 pm - 3:00 pm EST

State FCA Anti-Retaliation Provision Differences

Jay Holland

Joseph, Greenwald & Laake

Veronica Nannis

Joseph, Greenwald & Laake

Gia Grimm

Joseph, Greenwald & Laake

This session examines how state False Claims Act statutes differ from federal provisions, with some states like Texas and Michigan limiting claims to healthcare fraud only. Participants will explore how states like New York and Rhode Island have broadened coverage to include tax fraud whistleblower claims, and learn to evaluate which statute provides the strongest protections for specific cases.

Jay Holland

Joseph, Greenwald & Laake

Veronica Nannis

Joseph, Greenwald & Laake

Gia Grimm

Joseph, Greenwald & Laake

01 05
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Key topics that will be covered

What will you learn

Attorneys will learn the three elements required to prove retaliation under the False Claims Act: protected conduct, employer knowledge, and adverse action with causal link.

What will you gain

Attorneys will gain practical knowledge of available remedies including double back pay, uncapped emotional distress damages, and attorney's fees under Section 3730(h).

Protected Activity
Covers conduct in furtherance of stopping FCA violations with objectively reasonable belief.
Employer Knowledge
No magic words required; employee must communicate belief something is wrong or improper.
Adverse Action
Includes discharge, demotion, suspension, threats, harassment, and discrimination in employment terms.
Causation Standard
Most circuits require but-for causation between protected activity and adverse action.
Available Remedies
Provides reinstatement, double back pay plus interest, and uncapped emotional distress damages.
State Provisions
Many states have analogous statutes that may differ in scope and coverage.

What will you learn

Attorneys will learn the three elements required to prove retaliation under the False Claims Act: protected conduct, employer knowledge, and adverse action with causal link.

What will you gain

Attorneys will gain practical knowledge of available remedies including double back pay, uncapped emotional distress damages, and attorney's fees under Section 3730(h).

Plans

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Price
$95 – $245
Price varies based
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of 1 to 3+ hours
$395/year
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based on firm size
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Number of Available Webinars 1 1,000+ 1,000+
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Ability to Ask Questions During
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Included Included Included
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of Bias, etc.)
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Individual Purchase
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Corporate CLE Plan
$95 – $245
Price varies based
on the course duration
of 1 to 3+ hours
Access type Pay per
class
Number of Available Webinars 1
Number of New Webinars Added Yearly Limited
Earn "Live" CLE credit Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included
Attend "Live" Re-Broadcasts Included
Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
Live Conferences
Bootcamps

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Jay Holland

Joseph, Greenwald & Laake

Veronica Nannis

Joseph, Greenwald & Laake

Gia Grimm

Joseph, Greenwald & Laake

Jay Holland

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 and counsels clients in cases involving discrimination, sexual harassment, wage and hour violations, and wrongful termination.

Experience

Represents whistleblowers in federal False Claims Act actions. Counsels clients in individual and class action cases involving gender and race discrimination, sexual harassment, violations of wage and hour laws, and wrongful termination.

Jay Holland

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 and counsels clients in cases involving discrimination, sexual harassment, wage and hour violations, and wrongful termination.

Experience

Represents whistleblowers in federal False Claims Act actions. Counsels clients in individual and class action cases involving gender and race discrimination, sexual harassment, violations of wage and hour laws, and wrongful termination.

Veronica Nannis

Joseph, Greenwald & Laake

Ms. Nannis is a seasoned litigator who fights fraud and protects whistleblowers, with expertise in False Claims Act litigation.

Recognition & Leadership

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.

Experience

Seasoned litigator specializing in fraud and whistleblower protection. Led record-breaking False Claims Act litigation resulting in the largest Stark-based healthcare settlement in history ($480 million) against a major hospital system.

Gia Grimm

Joseph, Greenwald & Laake

Ms. Grimm is an associate in the whistleblower and employment practice groups, representing whistleblowers against defendants defrauding state and federal governments and employees experiencing discrimination and wrongful termination.

Experience

Member of the whistleblower and employment practice groups. Represents whistleblowers and files suit against defendants defrauding state and federal governments. Represents employees experiencing discrimination and wrongful termination.

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