Cincinnati, OH False Claims Act law firm Helmer Martins announces publication of the Eighth Edition of James B. Helmer, Jr.’s treatise: False Claims Act: Whistleblower Litigation by the American Bar Association. For more information on how to purchase the book, please contact us or visit the ABA’s website.

The Eighth Edition includes two volumes with 1,665 pages discussing 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:

    • Comprehensive and updated discussion of hot topics in False Claims Act law:
      • Knowledge: demonstrating an issue of fact for trial with evidence showing a defendant’s subjective knowledge of the true interpretation of the law
      • Materiality: continued court applications of Escobar and views of the Department of Justice
      • Uniform and customary pricing in pharmaceutical litigation
      • Statistical sampling
      • Hospice fraud
      • Ambulance fraud
      • Attorney fee awards
    • Hundreds of new case citations
    • Comprehensive model False Claims Act jury instructions:
      • An exclusive feature
      • Includes 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
  • 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
  • A full analysis of all Supreme Court decisions on the False Claims Act
  • False Claims Act civil penalties rates for every fiscal year

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 many other additional topics, all designed to help False Claims Act practitioners. The False Claims Act is a fast-changing area of the law, so updating your library is imperative to the success of any lawyer with interest in the field.

Purchase of the text also includes a download link to the full digital version of the Appendices as well as digitally searchable copies of the Index and the Table of Cases.

James B. Helmer, Jr. is Senior Partner and President of the Cincinnati office of Helmer, Martins, Rice & Popham. 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.

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