Overview (Program Summary)
When an employee raises concerns about potential fraud, billing practices, or government compliance, the legal risk may extend far beyond the underlying allegation. False Claims Act retaliation claims continue to expand, fueled by broad interpretations of “protected activity,” including amongst employees, increased DOJ attention to whistleblower protections, and growing employee awareness.
This program will help in-house counsel by providing practical guidance for navigating the critical period after a complaint is made. We will examine recent litigation trends, evolving DOJ enforcement priorities, and how retaliation claims are being pleaded and proved. The session will also provide concrete best practices for minimizing exposure — including documentation strategies, manager training, investigation protocols, and coordination between legal, HR, and compliance teams.
Finally, we will analyze common defense strategies, including challenges to protected activity, knowledge and causation defenses, legitimate business justifications, and early dispositive motion opportunities. Attendees will leave with actionable tools to reduce risk, strengthen defensibility, and manage FCA retaliation claims before they escalate into costly litigation.
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