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: Virginia Qui Tam Law

Breaking News: The Dodd-Frank Conference Report on Amendments to the anti-retaliation provisions of the Federal False Claims Act

By Zachary A. Kitts

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Last Friday evening, the Dodd-Frank Conference Report was issued, which contains the agreement on the language of the new Financial Reform Bill (I'm not sure of the actual name of the legislation, because everyone has been calling it "the Financial Reform Bill.")

The bill makes two changes to the anti-retaliation provisions of the Federal False Claims Act found at 31 U.S.C. §3730(h). First, it clarifies the language of the protective scope of the anti-retaliation provisions found in the first paragraph.

The second change, which is more important, creates a standardized statute of limitations of three years for anti-retaliation actions under §3730(h). Previously, the statute of limitations for wrongful termination and discrimination had not been standardized. As a result, the limitations period for bringing a wrongful termination or discrimination action under 3730(h) had been a question of state law, with courts applying the most similar cause of action from each particular state's law.

The Financial Reform Bill also contains important provisions sharpening the whistleblower cause of action for financial fraud, and increasing the rights of whistleblowers in that context.

Full post as published by Virginia Qui Tam Law on June 28, 2010 (boomark / email).