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November 2010 Archives

The Rise of Whistleblower Lawsuits to Combat Corporate Fraud

Whistleblower lawsuits, or qui tam actions (Latin for "he who sues on behalf of the king"), have been the vehicle through which private citizens have been targeting fraud on behalf of the government since the Civil War, when Congress began actively soliciting information on companies that were profiting from the conflict.

Key Hires and Noncompetes: Evidence of a Turning Economy?

Here's a not-often considered barometer for assessing whether the economy is experiencing an uptick in activity and worker movement: the amount of media coverage and litigation concerning noncompete and confidentiality agreements.

South Florida, Other Locales Focus Hard on Employers' Wage Theft

Saying that, "The best economic stimulus plan is a paycheck," Jeanette Smith, the executive director of South Florida Interfaith Worker Justice, lauds the recent collaborative efforts of government agencies and private groups to curtail widespread wage theft by employers across a wide range of professions and salary levels in Florida.

NLRB Alleges Worker's Wrongful Termination for Online Venting

An employee of an ambulance service company was asked by her employer to prepare a written response regarding a customer complaint against her. The employee says that she asked for the assistance of a union representative in the matter, but was denied.

Claims of FDA Whistleblower Researchers Dismissed for Second Time

There is certainly internal acrimony and a butting of heads at the FDA, where, for the second time this year, the allegations made by numerous FDA scientists concerning health issues related to CT scanners and other medical devices have been shot down by investigators.

Medicaid Fraud Qui Tam Lawsuit Unsealed by Federal Judge

Some years back, Mark Razin was an employee of Healthcare Financial Advisors Inc. ("HFA"), a company that worked with hospitals on patient-related cost reports. A central goal of the services provided by HFA to its clients was to obtain for them the highest possible dollar amounts on Medicare reimbursements.

Georgians Pass Amendment Endorsing Non-Compete Changes

We noted in a previous blog post (October 4) the angst and passions kindled in many Georgia residents when the topic of non-compete agreements comes up. Georgia has long been among only a handful of states with law that voids an entire non-compete agreement if any aspect of it is deemed illegal. Most states, by contrast, enable a judge to strike a specific provision if it is found to be against public policy and uphold the remainder of a contract executed between an employer and worker.

GSK Settles Whistleblower False Claims Act Drug Lawsuit

Cheryl Eckard, a GlaxoSmithKline ("GSK") quality-assurance manager, headed a group of scientists that inspected a pharmaceutical plant in Puerto Rico in 2002. The group was responding to a number of FDA complaints citing manufacturing violations at GSK's Cidra facility.

Status Problematic for Some Federal Government Workers

Alanna Taylor sums up the conundrum perfectly. She worked as a project manager under a U.S. Army contract. When she filed a gender discrimination lawsuit, the Army said she was a contractor and not a federal government worker. On other occasions, though, she was deemed the opposite.

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I have been a litigator for close to 20 years and Alan is most certainly one of the best attorneys I have ever come across.
Mr. Lescht is an excellent Trial Lawyer, He is calm, cool, and collected.
I also appreciated Alan's frankness and his ability to identify what is important and what is not when going through a case like this.
I would highly recommend Alan to anyone who needs an exceptional and incredibly talented Employment Attorney.
Mr. Lescht is an extraordinarily responsive attorney, returning my emails and phone calls within minutes. I would absolutely recommend him to anyone who thinks they may need a lawyer. Definitely incredible work.
I was impressed with his knowledge and professionalism, and I will always be grateful for his guidance.

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