On October 31, 2016, the Fourth Circuit Court of Appeals issued a decision that confirmed an employer’s right to take adverse employment action against an employee who fraudulently uses FMLA leave.
Last week, the Fourth Circuit and First Circuit heard oral argument in two separate cases dealing with key False Claims Act (“FCA”) issues.
On October 26, 2016, the US Court of Appeals for the Fourth Circuit held oral arguments in United States ex rel. Michaels v. Agape Senior Community, Inc.
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The Fourth Circuit recently held, in an unpublished opinion, that the anti-retaliation or “whistleblower” provisions of the False Claims Act (“FCA”) protect an individual’s efforts to stop a contractor from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.
The Fourth Circuit recently issued a decision interpreting the anti-retaliation provision of the False Claims Act (FCA).
When should debt be recharacterized as equity?
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. With the decision coming so closely after the Fourth Circuit just struck down the voting laws, a question lingers in the air: What will it take for the conservative bloc on the high court to vote against voter ID laws?
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. § 3730(h).
Fourth Circuit Decision Reminds Employers That Overbroad Noncompete Agreements May Not Be Enforceable
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.