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The Fourth Circuit recently held, in an unpublished opinion, that the anti-retaliation or “whistleblower” provisions of the False Claims Act (“FCA”) protect an individual’s efforts to stop a contractor from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.

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SCOTUS’ Decision On NC’s Voter Restrictions Was Too Close for Comfort

By | LXBN | September 2, 2016
Photo Credit: James Willamor cc

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?

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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. § 3730(h).

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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.

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