Whistleblower Watch

Whistleblower Watch

Reports and Analysis of Developments in Whistleblower Law

David W. O'Brien

David W. O'Brien

David W. O’Brien has represented both corporations and individuals in complex civil and criminal cases in federal courts throughout the country. These cases have typically presented issues related to the construction and performance of contracts with a variety of governmental agencies including the Departments of Defense and Health and Human Services. Prior to entering private practice, David served as an Assistant Commonwealth Attorney in Virginia and was a frequent lecturer to law enforcement organizations. He formerly served as an adjunct professor at the American University. David is a member of the District of Columbia and Virginia bars. He is a 1975 graduate of the Georgetown University Law Center and received his undergraduate degree cum laude from the University of Notre Dame in 1972. Recently, he has defended several large health care clients in False Claims Act cases initiated by both the government and qui-tam relators. He has lectured on the use of the False Claims Act in the managed care setting before the American Health Lawyers Association. David has also counseled corporate clients on employment issues and defended several Title VII cases.

Read David's bio on Crowell & Moring's website

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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