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Whistleblowers have been awarded more than $3 billion in False Claims Act cases against health care companies and government contractors that have defrauded the government, and this powerful financial incentive has enabled the federal government to recover more than $20 billion.
Should lawyers -- like other corporate insiders -- be able to take advantage of these financial incentives for blowing the whistle on corporate fraud? I have identified five cases in which lawyers sued their former clients under federal or state False Claims Acts.
This presentation explains how courts resolved the legal and ethical issues that arose in those cases. It also describes how the Securities and Exchange Commission addressed similar issues in its Whistleblower Program regulations under the Dodd-Frank Wall Street Reform and Consumer Protection Act.