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Whistleblower 101: Navigating the False Claims Act

Many attorneys are unaware of the high-stakes, high-impact world of qui tam litigation — a practice area where legal advocacy meets public accountability. In this dynamic one-hour CLE, you'll gain a practical introduction to whistleblower representation under the False Claims Act (FCA), including how relators initiate claims, the government’s role in intervention, and the ethical and strategic considerations that arise throughout the process.

Whether you’re a litigator, employment lawyer, or corporate counsel, this session will equip you with insights that could surface in your own practice — from healthcare fraud and defense contracting to financial market misconduct.

The faculty are all members of The Anti-Fraud Coalition (TAF Coalition), a public interest, non-profit organization dedicated to defending and empowering whistleblowers who expose fraud on the government and the financial markets.

Duration of this webinar: 60 minutes

Originally broadcast: January 13, 2026 10:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

MaryAnne Hamilton and Darth Newman are introduced as the speakers, with backgrounds in whistleblower and complex litigation cases. The webinar will focus on the False Claims Act, its purpose, and the role of the TAF Coalition in supporting whistleblower lawyers. MaryAnne and Darth emphasize the importance of understanding the False Claims Act for legal practitioners.

04:35 Understanding the False Claims Act

The False Claims Act, also known as Lincoln's Law, was established to combat fraud against the government, allowing whistleblowers to file cases on behalf of the government. Whistleblowers can receive a percentage of the recovered funds, and the Act includes protections against retaliation. Fraud cases under the Act can arise in various sectors, including healthcare, government contracting, and COVID relief programs. MaryAnne and Darth discuss the complexity of False Claims Act cases and the importance of consulting with experienced lawyers.

10:45 Elements and Procedures of FCA Cases

False Claims Act cases require a false claim tied to federal dollars, with the claim being knowingly false and material to the government's payment decision. The Act covers both direct and implied false claims, with examples provided in healthcare. Materiality is crucial, since the false claim must influence the government's decision to pay, and damages must be proven. The Act allows for significant financial penalties, including treble damages and per-claim penalties. MaryAnne and Darth highlight the procedural complexities and the importance of early consultation with knowledgeable lawyers.

30:38 Whistleblower Roles and Challenges

Whistleblowers can be insiders, outsiders, patients, or competitors, with each having unique advantages in bringing a case. The DOJ prefers insiders with firsthand knowledge, but outsiders can also succeed, especially in data-driven cases like COVID fraud. Whistleblower cases are filed under seal, and the government conducts a thorough investigation before deciding to intervene. The process can take years, with the government sometimes choosing not to proceed, leaving the relator to decide whether to continue.

42:55 The Litigation Process

The government's decision to intervene in a False Claims Act case affects the relator's role and potential reward. Retaliation claims under the Act are separate from the main case and can proceed independently. The 'first to file' rule means only the first relator to report the fraud is eligible for a reward, with nuances in cases involving multiple relators. Government dismissal of a case can occur at any time, and Rule 9B requires fraud cases to be pled with particularity. The public disclosure bar is a strict rule that can lead to case dismissal if violated, emphasizing the need for careful handling of information.

53:46 State False Claims Acts

State False Claims Acts vary widely, with some only covering specific areas like Medicaid, requiring knowledge of local statutes. Anti-retaliation provisions differ by state, and understanding these nuances is crucial for effective legal representation. Anonymous whistleblower cases are complex and vary by jurisdiction, with potential risks of exposure during the process. MaryAnne and Darth stress the importance of consulting with knowledgeable lawyers to navigate these legal intricacies.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speakers

MaryAnne Hamilton Attorney
Miller Law Group, PLLC

MaryAnne Hamilton is an attorney at Miller Law Group, PLLC, in Raleigh, North Carolina. She represents clients in whistleblower and retaliation, products liability/toxic tort, medical negligence, and civil rights cases. In her practice, MaryAnne combines an intense focus on the needs of her clients with an ability to distill complex issues in a way that both makes them understandable and highlights the key issues. Read More ›

Darth M. Newman Founding Attorney
Law Offices of Darth M. Newman

Darth M. Newman is a skilled trial attorney and a certified mediator with more than a decade of litigation experience in complex commercial and plaintiff’s side whistleblower cases. He has tried shareholder disputes, fraud, insider dealing, and fiduciary duty matters worth millions of dollars. He has also represented whistleblowers from across the country helping to shed light on all manner of fraud against the government from dangerous healthcare systems, devices, and doctors to government contracting and loan fraud. Read More ›

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: June 30, 2026

Illinois CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: December 31, 2026

New Jersey CLE

Status: Approved

Credits: 1.20 General

Earn Credit Until: January 12, 2027

Ohio CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: December 31, 2026

Pennsylvania CLE

Status: Approved

Credits: 1.00 Substantive Law, Practice, and Procedure

Earn Credit Until: January 12, 2028

Texas CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: December 31, 2026

West Virginia CLE

Status: Approved

Credits: 1.20 General

Earn Credit Until: December 31, 2029

This presentation is approved for one hour of General CLE credit in California, one hour of General CLE credit in Illinois, one hour of General CLE credit in Ohio, one hour of Substantive Law, Practice, and Procedure CLE credit in Pennsylvania, and one hour of General CLE credit in West Virginia. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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