What makes an effective Whistleblower case? Just the right mix of factors.

The Southeast Complex Litigation Conference provided an overview of the law around aggregate litigation, Whistleblower cases, Mass Torts, effective advocacy

Lieff Cabraser Heimann & Bernstein partner Rachel Geman presented an overview of Whistleblower/ False Claims Act litigation and what factors create an effective case for relators’ attorneys during the Southeast Complex Litigation Conference in Nashville in late October.

“You’re looking for a case that’s just the right mix, you might say,” Geman said. “Legitimate fraud against the government and the taxpayer, proper evidence, good timing.”

Specifically, she discussed the importance of documentary proof and knowledge of evidentiary sources within the parameters of what the relator can properly collect; of focusing on frauds that cry the most out for vindication – those that hurt people,  materially fleece the government, or turn important government objectives on their head; and the observation that a fraud that had been around for a very long time might suggest the need for more digging but a new fraud that has not yet cost the government much might unfortunately rapidly expand.

According to U.S. Government Accountability Office estimates, the federal government loses between $233 billion and $521 billion annually to fraud – based on most recent data from 2018 through 2022.

Geman and other presenters also discussed how most productively to work with the U.S. Department of Justice – which decides whether to intervene in private plaintiff Whistleblower/ FCA cases on behalf of the federal government.

The Southeast Complex Litigation Conference was presented by Lieff Cabraser and the Tennessee Bar Association.

About Rachel Geman

Rachel Geman is a partner in Lieff Cabraser’s New York office and the Chair of the firm’s False Claims/Qui Tam practice group. Her practice is dedicated to representing whistleblowers, writers and other rightsholders, employees, and consumers in complex class action and False Claims Act matters.  Rachel has served as the employee-side Chair of two ABA’s Labor & Employment Law Section Committees and the NELA/NY amicus committee. She is a CDRC-trained community mediator and an avocational writer.