Helmer, Martins, Rice & Popham periodically issue articles and other information about cases, issues, and new developments of interest to the legal community. Neither transmission nor receipt of this information is intended to or does create an attorney-client relationship.

The False Claims Act provides that whistleblowers can be compensated when the Government pursues wrongdoers using tools other than the False Claims Act itself. This article details the interplay between the False Claims Act and other federal statutes as they relate to whistleblower rights.

A detailed analysis of the theory of implied certification as it relates to liability under the False Claims Act, coupled with a comprehensive examination of how numerous Federal courts have interpreted and applied the theory in cases involving many different types of fraudulent conduct.

Application of recent Supreme Court precedent and analysis of the language and structure of the False Claims Act to rebut the suggestion that a materiality requirement should be added to the False Claims Act.

A discussion of the provisions of the False Claims Act that establish the parameters for determining a relator’s share and an analysis of the factors that are to be weighed in determining the amount of an individual reward.

An overview of fee agreements, statutory attorney’s fee awards, the factors to be considered in determining an appropriate fee, fee applications, and fee negotiations.

A discussion of the inconsistent interpretations of the original source clause currently espoused by the Federal Courts of Appeal.

The origins and development of the False Claims Act including the changes made by the 1986 and 1988 amendments as well as a discussion of the impact of the 1986 amendments upon the Gravitt case.