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Whistleblower Defense Just Got Trickier

March 9, 2015
Jack E. Fernandez and Sara Alpert Lawson
National Law Journal

In their National Law Journal article, “Whistleblower Defense Just Got Trickier,” Zuckerman Spaeder LLP partner Jack E. Fernandez and associate Sara L. A. Lawson address a concern that the Department of Justice (DOJ) is taking a new approach to False Claims Act whistleblower cases that could dramatically alter the landscape for health care providers and other employers. Mr. Fernandez and Ms. Alpert focus on a recent statement by Leslie R. Caldwell, Assistant Attorney General for the DOJ’s Criminal Division, who called on whistleblowers to report their civil cases to the agency’s Criminal Division, not just the Civil Division. More aggressive criminal prosecution, according to the two attorneys, could disrupt the delicate balance of cooperation that currently exists between a targeted employee and their employer, creating new legal risks for both parties and ultimately causing companies to act in ways that harm employees.

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