Essential Resource: Advising the Qui Tam Whistleblower
Robin Page West's comprehensive guide for attorneys navigating False Claims Act cases, from initial evaluation to successful settlement.
The Definitive Guide for Qui Tam Practitioners
When faced with a potential qui tam case, a lawyer can turn to few sources that are as complete and concise as Advising the Qui Tam Whistleblower, authored by Robin Page West.
This unique volume provides a simple and elegant roadmap that enables novice and experienced practitioners alike to evaluate potential claims and determine whether pursuit of a qui tam action is warranted.
What This Guide Covers
A well-regarded guide to advising qui tam whistleblowers generally walks an attorney through the full life of a case, including:
- Intake and case evaluation — how to assess whether a potential relator has a viable claim and whether it is barred.
- The first-to-file rule and public disclosure bar — the threshold issues that decide many cases before they start.
- Drafting the complaint and disclosure statement — meeting the heightened pleading standard and presenting evidence to the government.
- Managing the seal and the investigation — what counsel and client should and should not do while the case is sealed.
- Intervention and litigation — working with the Department of Justice and litigating declined cases.
- Relator share and ethics — maximizing the client's recovery and navigating the professional-responsibility issues unique to this practice.
Government Intervention Strategy
Recognizing that the vast majority of qui tam recoveries are awarded in cases in which the government intervenes, the book explains in detail the considerations involved in maximizing opportunities for a favorable intervention decision.
Understanding how to position a case for government intervention is crucial for attorneys handling qui tam cases, as intervention dramatically increases the likelihood of a successful outcome and larger whistleblower rewards.
Additional Topics Covered
Other chapters highlight both common and controversial topics, including:
- •How the client's decision to sue is made
- •Common defenses and how to overcome them
- •Section 3730(h) retaliation claims and whistleblower protections
- •Settlement negotiation strategies
- •Fee agreements and attorney compensation
- •Taxability of the relator share
Practical Resources Included
The book includes sample forms and the full text of the False Claims Act statute, making it an essential reference for any attorney entering this practice area.
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