- Ohio
- U.S. Supreme Court
- U.S. Courts of Appeals for the 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th and 11th Circuits
- U.S. District Courts for S.D. Ohio, N.D. Ohio, E.D. Ky., E.D. Wis., E.D. Tex.
Admissions
Education
- University of Cincinnati College of Law, J.D., 1975, Order of the Coif
- Denison University, Cum Laude, History, B.A., 1972
James B. Helmer, Jr.
In memoriam (1950-2023)
James B. Helmer, Jr. was the founding partner of the law firm now known as Helmer, Martins, Tate & Garrett Co., LPA. Mr. Helmer represented both plaintiffs and defendants in a variety of complex, high stakes lawsuits. His clients included insurance companies, Fortune 500 companies, law firms, the National Football League, school boards, generic drug manufacturers, franchisees, and individuals. He had been appointed by both state and federal courts as lead class counsel in 10 cases concerning securities fraud, civil rights, environmental law, and violations of the Truth-in-Lending Act. Approximately half of his practice, which was exclusively devoted to litigation, involved the representation of employees blowing the whistle on fraudulent Government contractors. Mr. Helmer obtained several multi-million dollar jury verdicts and had been trial counsel in over 300 published legal decisions. His False Claims Act cases returned over $1 Billion to the taxpayers and resulted in 15 criminal indictments. Mr. Helmer was the author of False Claims Act: Whistleblower Litigation (8th Edition ABA Publishing) and co-author of Representing the Terminated Employee in Ohio (2d Ed. Anderson 1997).
Mr. Helmer was an honors graduate of Denison University where he played varsity football. His law degree is from the University of Cincinnati College of Law where he served as Editor-in-Chief of the Cincinnati Law Review and was inducted into the Order of the Coif. He began his legal career as a law clerk for the Chief Judge of the United States District Court for the Southern District of Ohio.
Mr. Helmer enjoyed Martindale Hubbell Law Directory’s highest rating, “AV”, since 1981. The breadth of his trial experience and success is demonstrated by his being named in Best Lawyers in America in numerous categories including Litigation, Labor and Employment Law, Personal Injury Litigation, Corporate Litigation, Bet-the-Company Litigation, Commercial Litigation and Trusts and Estates Litigation. He was selected by the National Law Journal as one of Ohio’s top ten litigators and by Cincinnati Magazine as one of Cincinnati’s top attorneys based on his whistleblower lawsuits. He had been selected as an Ohio Super Lawyer from 2004 through 2022 by Law & Politics Magazine including as a top ten Cincinnati Superlawyer and top 50 Ohio Superlawyer.
Show MoreMr. Helmer was a member of the Million Dollar Advocates Forum, Scribes, the National Society of Writers on Legal Subjects, and the President’s Council of Taxpayer’s Against Fraud. He served on the Board of Visitors of the University of Cincinnati College of Law Dean’s Council and including as co-chair of the Building Committee for a new College of Law building. He was a founding member of the National Employment Lawyers Association and the Potter Stewart American Inn of Court. He was a recipient of the Chuck Craig/Joe Ward Memorial Coaches Award as the basketball Coach of the Year for 2003 and the Nicholas Longworth III Alumni Achievement Award for Distinguished Professional Service from the University of Cincinnati College of Law in 2001 as well as the Distinguished Alumni Award from the University of Cincinnati Law Review in 2012. In 2008 he received the Lifetime Achievement Award from Taxpayers Against Fraud for his pioneering work on the federal False Claims Act. He received the University of Cincinnati Alumni Association 2015 Distinguished Alumnus Award on behalf of its 275,000 members, the 1st College of Law graduate so honored, and in 2017 was selected for the Distinguished Alumnus Award by the University of Cincinnati College of Law Alumni Association.
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 and has resulted in the recovery of more than $55 billion.
In 2008 he argued Allison Engine Co. v. United States ex rel. 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 Mr. 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.
In 2009 he argued Cundall v. U.S. Bank before the Supreme Court of Ohio. In a 6-1 decision the Court decided in favor of Mr. Helmer’s client on an important issue concerning Ohio trust law which resulted in the dismissal of a $300 million suit against Mr. Helmer’s client.
Mr. Helmer’s legal work has been detailed and praised in two books: Giant Killers: The Team and the Law that Helps Whistle-blowers Recover America’s Stolen Billions by Henry Scammell (Atlantic Monthly Press 2004) and At Any Cost: Jack Welch, General Electric, and the Pursuit of Profit by Thomas F. O’Boyle (Vintage Books 1999).
- Martindale Hubbell Law Directory’s highest rating, “AV”, since 1981
- University of Cincinnati, Charles McMicken Society – McMicken Society Visionary Level Philanthropist, 2015
- Best Lawyers in America (last 25 editions) in numerous categories including Litigation, Labor and Employment Law, Personal Injury Litigation, Corporate Litigation, Bet-the-Company Litigation, Commercial Litigation and Trusts and Estates Litigation
- Firm listed in U.S. News Best Lawyers “Best Law Firms” 2011-2018 under categories of Commercial Litigation, Employment Law (Individuals), and Litigation (Eminent Domain & Condemnation)
- Ohio’s top ten litigators by National Law Journal
Cincinnati’s top attorney based on his whistleblower lawsuits by Cincinnati Magazine - Ohio Super Lawyer for 2004-2019 by Law & Politics Magazine including as a top ten Cincinnati Superlawyer and top 50 Ohio Superlawyer
- Recipient of the Chuck Craig/Joe Ward Memorial Coaches Award as the basketball Coach of the Year for 2003
- Nicholas Longworth III Alumni Achievement Award for Distinguished Professional Service from the University of Cincinnati College of Law in 2001 (selected by student body)
- Lifetime Achievement Award in 2008 from Taxpayers Against Fraud for his pioneering work on the federal False Claims Act
- Distinguished Alumni Award recipient from the University of Cincinnati Law Review in 2012 (selected by student body)
- 2015 Outstanding Alumnus by the University of Cincinnati Alumni Association on behalf of its 275,000 members, the 1st College of Law graduate so honored
- 2017 Distinguished Alumnus Award by the University of Cincinnati College of Law Alumni Association
- James B. Helmer, Jr. False Claims Act: Whistleblower Litigation (7th Ed. Bloomberg/Bureau of National Affairs 2017) (2018 supplement)
- James B. Helmer, Jr. and Jennifer Lambert, Taxpayers Against Fraud: Year in Review: Damages, 81 False Claims Act & Qui Tam Quarterly Rev. (2016)
- James B. Helmer, Jr. and Erin M. Campbell, Jury Instructions for False Claims Act Cases, 84 U. CIN. L. REV. 943 (2016)
- James B. Helmer, Jr. False Claims Act: Incentivizing Integrity for 150 Years for Rogues, Privateers, Parasites and Patriots, 81 U. CIN. L. REV. (2013)
- James B. Helmer, Jr., 150 Year-old Lincoln’s Law Recovers $30 Billion Stolen Tax Dollars, CBA REPORT (December 2012)
- James B. Helmer, Jr., Supreme Effort: One Lawyer’s Odyssey to the United States Supreme Court in a False Claims Act Case, 49 False Claims Act & Qui Tam Quarterly Review 193 (2008)
- James B. Helmer, Jr. and Erin M. Schenz, Alternate Remedies Under the False Claims Act, 40 False Claims Act & Qui Tam Quarterly Review 113 (2006)
- James B. Helmer, Jr. and Robert M. Rice, The False Claims Act and Implied Certification: An Update on the State of the Law, 34 False Claims Act & Qui Tam
Quarterly Review 51 (2004) - James B. Helmer, Jr. and Julie W. Popham, Materiality and the False Claims Act,
71 U. CIN. L. REV. 839 (2003) - James B. Helmer, Jr., How Great Is Thy Bounty: Relator’s Share Calculations Pursuant to the False Claims Act, 68 U. CIN. L. REV. 737 (2000)
- James B. Helmer, Jr. and Ann Lugbill, Representing the Terminated Employee in
Ohio: Evaluating, Settling, and Litigating State and Federal Claims (Anderson 1st Ed. 1990, 2d. Ed. 1997, Supp. 1999) - James B. Helmer, Jr. and Robert C. Neff, Jr., War Stories: A History of the Qui Tam
Provisions of the False Claims Act, the 1986 Amendments to the False Claims Act, and Their Application to the United States ex rel. Gravitt v. General Electric Co. Litigation, 18 OHIO N.U. L. REV. 35 (1991) - James B. Helmer, Jr. and Ann Lugbill, “Attorneys Fees in Employment Cases,” in Litigating Wrongful Discharge Claims (Paul Tobias, ed.) (Callaghan Clark Boardman 1987, Supp. 1991, 1996, 1997, 1998, 1999)
- University of Cincinnati Carl H. Lindner College of Business, Business Ethics Speech, Cincinnati, Ohio, April 17, 2015
- Miami University Farmer School of Business, False Claims Act: Incentivizing Integrity, Oxford, Ohio, April 14, 2015 (2 classes of Seniors)
- Rendigs National Moot Court Competition Banquet, Keynote Address, Moot Court and the U.S. Supreme Court, Cincinnati, Ohio, March 27, 2015
- University of Cincinnati College of Law Board of Visitors Meeting, New Building Issues, Cincinnati, Ohio, March 13, 2015
- Bloomberg BNA Legal & Business Event, Common Defenses to the False Claims Act and How to Defeat Them, Webinar with Jeb White, October 28, 2014
- University of Cincinnati Carl H. Lindner College of Business, Torts Speech, Cincinnati, Ohio, September 22, 2014
- University of Cincinnati College of Law Torts Class, Cincinnati, Ohio February 26, 2014 2014
- ALI-ABA Telephone Seminar/Audio Webcast, July 1, 2008. (“Allison Engine: Supreme Court Changes Standards in False Claims”)
- American Bar Association Civil False Claims Act and Qui Tam Enforcement I, Washington, D.C., 1998
- American Bar Association Civil False Claims Act and Qui Tam Enforcement II, Washington, D.C., 2000
- American Bar Association Commission on Legal Problems of the Elderly and Pro-Seniors, How to Handle Ohio Age Discrimination in Employment Claims, Cincinnati, Ohio, 1988, 1989
- American Bar Association False Claims Act Speech, Washington, D.C., 1999, 2005
- American Bar Association, Public Contract Law Section, Qui Tam – The Plaintiff’s Perspective, San Diego, California, 1993
- American Corporate Counsel Association Southwest Ohio Chapter, Employment Law, Cincinnati, Ohio, 1994
- Association of Certified Fraud Examiners, False Claims Act Speech, Dayton, Ohio, 1999
- Basic Employment Law Mini-Seminar of Ohio State Legal Services Association, Columbus, Ohio, 1989
- Cincinnati Bar Association, Labor Law Issues, Cincinnati, Ohio, 1982, 1988, 1989, 1990, 1991
- Cincinnati Bar Association, CALL Speech for the Program on Professionalism, Cincinnati, Ohio, 1998, 1999
- Cincinnati Bar Association, Advocacy Series Speech, Jury Instructions – Tailoring Them to Your Case, Cincinnati, Ohio, May 2, 2013
- CLE International Seminar, Qui Tam Litigation Under the False Claims Act, San Francisco, California, 2001, 2002, 2004
- Columbus Bar Association Labor Law Committee False Claims Act Seminar, Columbus, Ohio, 1994
- Cornell University, Damages Under the FCA, Ithaca, New York, 2013, 2016, 2017
- Department of Criminal Investigative Services, Francis Marion “The Swamp Fox,” 1998
- Disclosures to the Defense Department: Issues for the Large and Small Contractors, sponsored by United States Attorney’s Office for the Northern District of Ohio and Department of Defense, Inspector General’s Office, Cleveland, Ohio, 1990
- Faculty Member, Program Coordinator, National Institute of Trial Advocacy (NITA), Cincinnati, Ohio, 1990, 1991
- False Claims Act Seminar, Federal Bar Association, Dayton, Ohio, 1990, 1992
- Federal Bar Association, Cincinnati Bar Association, False Claims Act, Cincinnati, Ohio, 1993
- Federal Bench/Bar Conference, Litigation Costs, Columbus, Ohio, 1994
- Greater Cincinnati Employers Institute, Cincinnati, Ohio, 1990
- Greater Cincinnati Women Lawyers Association, How to Make It in a Man’s World, Cincinnati, Ohio, 1991
- Kentucky Bar Association, Class Actions, Louisville, Kentucky, 1984
- Lorman Business Center, Inc., Employment Law in Ohio and Kentucky, Cincinnati, Ohio, 1990, 1992, 1993, Columbus, Ohio, 1992
- Mass Tort Conference, Cincinnati, Ohio, 1994
- Mealey’s Qui Tam Provisions of the False Claims Act, Pentagon City, Virginia, 2000
- Mealey’s Litigating Whistleblower Cases Under the Qui Tam Provisions of the False Claims Act, Pentagon City, Virginia, 2001
- Michigan University, Incentivizing Integrity, Ann Arbor, Michigan October 2, 2012
- Midwest Labor Law Conference, Columbus, Ohio, 1988, 1989, 1990, 1995
- National Employment Lawyers Association, Annual Ohio Conference, Columbus, Ohio, 1988, 1989, 1991, 1992, 1994, 1995, 1996
- National Employment Lawyers Association Annual Conference, Hyannis Port, Massachusetts, 1991
- Ohio CLE Seminar, Wrongful Discharge, Columbus, Ohio, 1990
- Ohio CLE Seminar, Employment Law for General Practitioners, Cincinnati, Columbus, Cleveland, Ohio, 1991
- Ohio Evidence Workshop Seminar, Cincinnati, Ohio, 1993, 1994
- Ohio Northern University College of Law, Representing Older Americans: Emerging Issues for the General Practitioner, Ada, Ohio, 1990
- Potter Stewart American Inn of Court, Master of the Bench, Cincinnati, Ohio, 1984, 1985, 1986, 1987, 1988, 1989, 1990, 1991, 1992, 1993, 1994, 1995, 1996, 1997
- State of the Legal Profession, University of Cincinnati College of Law, Cincinnati, Ohio, January 1997
- Taxpayers Against Fraud Conference for Qui Tam Relator’s Counsel, Key Note Address, Washington, D.C., June 12, 2003
- Taxpayers Against Fraud Conference for Qui Tam Relator’s Counsel, Key Note Address, Washington, D.C., October 14, 2004
- Taxpayers Against Fraud Conference for Qui Tam Relator’s Counsel, A General Overview of False Claims Act Litigation, Washington, D.C., October 26, 2005
- Taxpayers Against Fraud Conference for Qui Tam Relator’s Counsel, Legal Ethics & Malpractice Highlights & Lowlights, Washington, D.C., September 10, 2006
- Taxpayers Against Fraud Conference for Qui Tam Relator’s Counsel, Governmental Perspectives on FCA Qui Tam Actions, Washington, D.C., September 9, 2007
- Taxpayers Against Fraud Conference for Quit Tam Relator’s Counsel, Damages, Washington, D.C., September 12, 2012
- Tell It To The Judge Seminar, United States District Court, Southern District of Ohio, Cincinnati, Ohio, 1987, Columbus, Ohio, 1988
- Tri-State Human Resources Association Duologue, Highland Heights, Kentucky, 1988
- University of Cincinnati College of Business, Cincinnati, Ohio, Whistleblower Law, July 13, 2006
- University of Cincinnati Law Review, Cincinnati, Ohio, 1986, 1987, 1988, 1989, 1990, 1991, 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013
- University of Cincinnati College of Business, Ethics Speech, Cincinnati, Ohio, February 2, 2010
- University of Cincinnati College of Business, Ethics Speech, Cincinnati, Ohio, April 28, 2010
- University of Cincinnati College of Law, Ethics Speech, Cincinnati, Ohio, April 28, 2012
- University of Cincinnati College of Business, Ethics Speech, Cincinnati, Ohio, April 28, 2012
- University of Cincinnati College of Business, Ethics Speech, Cincinnati, Ohio, May 24, 2012
- University of Cincinnati College of Business, Ethics Speech, Cincinnati, Ohio September 21, 2012
- University of Cincinnati College of Business, Business Law & Ethics Speech, Cincinnati, Ohio September 21, 2012
- University of Cincinnati College of Law Torts Class, Cincinnati, Ohio October 17, 2012
- University of Michigan College of Law, Ann Arbor, Michigan, October 3, 2012
- Xavier University MBA Executive Speech, Cincinnati, Ohio, 2000
- You & The Law, Cincinnati, Ohio, 2001
