Vorys’ partners Glenn Whitaker and Michael Bronson were featured in a Cincinnati Business Courier story titled “Whistle-blowers push False Claims suits to record.” The story highlighted the increased number of False Claims Act (FCA) claims filed and the increased amount of money be awarded to whistleblowers through FCA settlements.
The story states:
“Somewhat paradoxically, Vorys won a major Supreme Court case in 2008 for Allison Engine Co. that prompted some of the 2009 changes, which now threaten even more businesses. The Allison Engine case involved the procurement in the 1980s of marine generators for the U.S. Navy, but these days almost any business can face a FCA claim.
‘The scope of the law is such that, if you’re receiving federal money, you’re at risk,’ Whitaker said.
Whitaker urges businesses to make sure they have avenues of communication for would-be whistle-blowers, so they can deal with issues internally and head off government involvement and possible litigation. ‘If they don’t have any mechanism to express their complaints, they go external,’ he warned.
Once the government gets involved, ‘they bring credibility and limitless resources that make it much harder to litigate,” Bronson said. That happens in only about 25 percent of cases, he said, but those cases account for 90 percent of settlements and judgments.’”