Whistleblower Watch

Whistleblower Watch

Reports and Analysis of Developments in Whistleblower Law

Brian Tully McLaughlin

Brian Tully McLaughlin

Brian Tully McLaughlin joined Crowell & Moring in 2005 and is a Partner in the Government Contracts Group in Washington, D.C. Brian’s practice focuses on trial work, litigating complex claims and disputes as well as matters brought under the False Claims Act. Brian has both co-counseled and “first chaired” trials, argued dispositive motions, examined lay and expert witnesses, taken and defended depositions, and managed complex electronic and paper discovery productions and reviews. Brian’s practice involves both affirmative and defensive claims on behalf of government contractors, including bid protests. Brian also values and has gained extensive experience working on a variety of pro bono cases that entail litigation, and he was the winner of Crowell & Moring’s Pro Bono Award in 2008.

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Should Loose Lips Sink Whistleblower FCA Suits?

Posted in False Claims Act (FCA), Uncategorized
For the third consecutive term, the Supreme Court will decide a case involving the False Claims Act (“FCA”). On November 1, 2016, the Supreme Court heard oral arguments in State Farm and Casualty Co. v. United States ex rel. Rigsby on the question of what standard should govern the decision whether to dismiss a whistleblower’s claim… Continue Reading

High Court Recognizes FCA Liability Based on Implied Certification

Posted in False Claims Act (FCA)
Last week in Universal Health Servs. v. U.S. ex rel. Escobar, the Supreme Court recognized the implied certification theory of FCA liability, subject to “rigorous” and “demanding” application of the scienter and materiality standards.  The Court unanimously held that a defendant may be liable under the FCA when, in connection with a claim for payment… Continue Reading

Supreme Court to Hear FCA Seal Violation Issue

Posted in False Claims Act (FCA)
For the third consecutive year, the Supreme Court will hear a case involving the False Claims Act (FCA).  On May 31, the Court granted review in State Farm Fire and Cas. Co. v. U.S. ex rel. Rigsby to address the applicable standard for dismissal in FCA cases when whistleblowers (referred to as relators under the… Continue Reading

Supreme Court Hears Arguments on FCA Implied Certification Theory

Posted in False Claims Act (FCA)
The Supreme Court heard arguments today in Universal Health Services, Inc. v. United States ex rel. Escobar, a False Claims Act (FCA) case with potentially far-reaching consequences for whistleblowers, healthcare providers, government contractors, and all companies and institutions that receive federal dollars.  There are two questions before the Court: (1) whether the “implied certification” theory… Continue Reading

Cert Granted on Implied Certification Theory

Posted in False Claims Act (FCA)
Last week, in a case that will have a significant impact on the health care and government contracting industries, and also on potential whistleblowers, the Supreme Court granted certiorari in Universal Health Services, Inc. v. United States ex rel. Escobar, a False Claims Act (FCA) case from the First Circuit. By agreeing to hear the… Continue Reading