Cincinnati law firm Helmer Martins announces publication of the 2016 Cumulative Supplement to James B. Helmer, Jr.’s, treatise: False Claims Act: Whistleblower Litigation. This treatise, now in its Sixth Edition, is published by Bloomberg BNA.

The 2016 Cumulative Supplement includes discussion of cutting edge topics pertinent to all attorneys, scholars, and business leaders who wish to stay current in the fast-paced field of False Claims Act litigation, including discussion of:

  • The U.S. Supreme Court’s decision in Escobar, including discussion of the materiality standard to be used in False Claims Act cases, as well as the determination that the implied certification theory of liability is viable; plus, the granting of certiorari in United States ex rel. Rigsby v. State Farm Fire & Cas. Co.
  • A comprehensive set of jury instructions—an exclusive feature—along with special interrogatories and a sample verdict form for use in False Claims Act cases, covering issues such as scienter, claims under the seven FCA prongs, materiality, obligations, damages, joint and several liability, retaliation, and several State FCA provisions.
  • A new section providing analysis of the highest relator share awards over the last thirty years, including a chart detailing all thirty-percent relator share awards in which the United States obtained more than $100,000.
  • The non-intervened case, Harman v. Trinity Industries, involving highway guardrails in Texas that resulted in a $663 million verdict, and also awarded a 30% relator share as well as $19 million in statutory attorney fees and costs.
  • Coverage of numerous notable Courts of Appeals decisions including the Ninth Circuit’s determination regarding Freddie Mac and Fannie Mae as instrumentalities of the federal government, the Sixth Circuit’s interpretation of “remuneration” and “induce” for purposes of the Anti-Kickback Act, the Third, Eighth, and Eleventh Circuit interpretations of the public disclosure “materially adds provision.”
  • The emerging trend of defendants attempting to avoid FCA liability by arguing they do not possess the requisite scienter.
  • An update on the success of the States in prosecuting fraud.
  • The Federal Civil Penalties Inflation Adjustment Act Improvement Act of 2015 and its increase of FCA penalties; and more!

Both the Sixth Edition of False Claims Act: Whistleblower Litigation and the new 2016 supplement are available for purchase from Bloomberg BNA.

Mr. Helmer is Senior Partner and President of the Cincinnati office of Helmer, Martins, Rice & Popham. See his profile for more information. Approximately two thirds of his practice, which is exclusively devoted to litigation, involves the representation of employees blowing the whistle on fraudulent Government contractors. Mr. Helmer has obtained several multi-million dollar jury verdicts and has been trial counsel in over 300 published legal decisions. His False Claims Act cases have returned over $1 Billion to the taxpayers and have resulted in 15 criminal indictments. Mr. Helmer is also the co-author of Representing the Terminated Employee in Ohio (2d ed. Anderson 1997).

In 1985 and 1986, Mr. Helmer’s testimony before the House of Representatives and the United States Senate was pivotal in the 1986 Amendments to the False Claims Act. Congress and President Reagan accepted all of the suggestions Mr. Helmer made for modernizing the statute which has become known as the government’s primary weapon against fraud on the taxpayers. In 2008, he argued Allison Engine Co. v. United States ex re. Sanders before the United States Supreme Court against former Solicitor General Theodore Olson. The Supreme Court ruled by a 9-0 decision in favor of Helmer’s client but then interpreted the False Claims Act in a restrictive manner. As a result, Mr. Helmer returned to testify before two Congressional Committees in 2008 concerning the clarification of the False Claims Act. Congress overwhelmingly passed the Amendments championed by Mr. Helmer and President Obama signed them into law on May 20, 2009 – Mr. Helmer’s birthday.