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.
Providing a practical context to the statute, this new guide explains the origin and purpose of the False Claims Act and describes the most common types of cases and settlements, including which claims are not actionable. To illustrate the unique procedural requirements of qui tam cases, a chronology of events shows how they typically unfold and why predisclosure is so important. 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. Other chapters highlight both common and controversial topics, including how the client’s decision to sue is made, defenses, Section 3730(h) retaliation claims, settlement, fee agreements, and taxability of the relator share. The book includes a diskette of sample forms and text of the False Claims Act statute.