Employee Efforts to Stop Employer FCA Violation is Protected Activity Even When No Distinct Possibility of FCA Litigation, Says Fourth Circuit

The Fourth Circuit recently held, in an unpublished opinion, that the anti-retaliation or “whistleblower” provisions of the False Claims Act (“FCA”) protect an individual’s efforts to stop a contractor from violating the FCA, even when there is no “distinct possibility” of litigation. View Full Post
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SCOTUS’ Decision On NC’s Voter Restrictions Was Too Close for Comfort

By | LXBN | September 2, 2016
In a close Supreme Court decision the justices voted (4-to-4) against reinstating North Carolina’s identification requirement, meaning voters won’t have to show one of several qualifying photo IDs when casting ballots in the battleground state this November and early voting reverts to 17 days. View Full Post
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Fourth Circuit Affirms Dismissal of Ex-Employee’s Retaliation Suit

By | FCA Update | August 30, 2016
On August 22, 2016, the US Court of Appeals for the Fourth Circuit issued a decision in Carlson v. DynCorp International LLC, affirming the district court’s dismissal of an ex-employee’s retaliation suit under the False Claims Act’s (FCA) anti-retaliation provision, 31 U.S.C. View Full Post
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Fourth Circuit Decision Reminds Employers That Overbroad Noncompete Agreements May Not Be Enforceable

By | Employment Matters | August 17, 2016
If your company operates in a territory covered by the 4th circuit (Maryland, Virginia, West Virginia, North Carolina, and South Carolina) and requires employees to sign a noncompete agreement with language similar to the following, it may be time to consider revising the agreement. View Full Post
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