When current or former employees or clients blow the whistle on alleged corporate wrongdoing, it can create the potential for significant legal liability. It can even create the possibility of criminal charges being filed.
Here are five keys to success in beating these whistleblower allegations.
1. Challenge the Qui Tam Filing, Including the Technicalities
In many cases involving federal government funding, the whistleblower pursues a qui tam claim against the company, alleging that the corporation’s fraud or misconduct earned it taxpayer money. Qui tam claims are favorites for whistleblowers because the individual stands to receive up to 30 percent of what is recovered and, should the government decide to intervene in their case, they may not even have to pursue it on their own.
Qui tam lawsuits, however, are notoriously tricky to file. There are nuanced procedures that have to be strictly followed, and many qui tam plaintiffs do not use attorneys who are experienced in this unique field of law. Challenging the technicalities on the filing can get it dismissed, or can convince the government not to intervene in a case that has been so poorly put together.
2. Be Aggressive But Tactful with the Whistleblower
One of the biggest keys to winning in a whistleblower complaint situation is to manage the whistleblower appropriately.
Generally, companies will not know the whistleblower’s identity until a formal complaint has been filed and discovery is underway. Once the...
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