Cincinnati law firm Helmer Martins announces publication of the Seventh Edition of James B. Helmer, Jr.’s treatise: False Claims Act: Whistleblower Litigation – which now has the most up-to-date treatment of False Claims Act law. The Seventh Edition of False Claims Act: Whistleblower Litigation is available for purchase from its publisher, Bloomberg BNA. Purchase of the text includes access to an electronic searchable pdf containing both the text and appendices.

The Seventh Edition 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 Supreme Court’s decision in Rigsby and a full analysis of all Supreme Court decisions on the False Claims Act.
  • Analysis of court application of Escobar as well as the views of the Department of Justice.
  • 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.
  • Use of statistical sampling to prove damages.
  • Applicable False Claims Act civil penalties rates per given year.
  • Court opinions on applicability of arbitration agreements in False Claims Act Cases.
  • 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 Appendices include:

  • Versions of the False Claims Act since 1863;
  • Legislative History;
  • Example representation agreement and assignment;
  • Initial pleadings;
  • Sample protective orders, interrogatories, requests for admission and requests for production of documents;
  • Example Touhy requests, motions in limine, and jury instructions;
  • and more, all designed to help False Claims Act practitioners.

Mr. Helmer is Senior Partner and President of the Cincinnati office of Helmer, Martins, Rice & Popham.  See Mr. Helmer’s 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.