Identifying and Litigating the Retaliation Case under the False Claims Act (Presented by the Federal Bar Association Qui Tam Conference 2025 sponsor Joseph, Greenwald & Laake)

Jay Holland, Shareholder | Joseph, Greenwald & Laake

Mr. Holland is a renowned employment and qui tam litigator known for taking on tough cases and achieving exceptional results. He represents whistleblowers in actions under the federal False Claims Act. Mr. Holland also counsels clients in individual and class action cases involving gender and race discrimination and sexual harassment, violations of the wage and hour laws, and wrongful termination.

Veronica Nannis, Shareholder | Joseph Greenwald & Laake

Ms. Nannis is a seasoned litigator who fights fraud and protects whistleblowers. Alongside her co-panelists here, she recently led the record-breaking FCA litigation that resulted in the largest Stark-based healthcare settlement in history – a record $480 million – against a major hospital system.

Gia Grimm, Associate | Joseph Greenwald & Laake

Ms. Grimm is a member of the whistleblower and employment practice groups. She represents whistleblowers and files suit against defendants defrauding state and federal governments. She also represents employees experiencing discrimination and wrongful termination.

I. Learning and identifying the elements to prove retaliation under FCA. Noting differences from other retaliation provisions (such as ADA, Title VII, common law wrongful discharge). Noting underlying FCA case not required | 2:00pm – 2:15pm

II. Discussion of scope of protected activity and adverse action under section (h). What is protected activity? Discussion on strategic considerations (procedural hurdles? Ability to pay? etc) | 2:15pm – 2:25pm

III. Learning how to assess remedies and damages (i.e. what is available and how do you create a damages model?) | 2:25pm – 2:40pm

IV. Case Examples (2 or 3 good ones) | 2:40pm – 2:50pm

V. State FCA anti-retaliation provisions. How do they differ from the Federal FCA? Discuss 3 or 4 state FCA examples | 2:50pm – 3:00pm