Recently, a Georgia federal district court permitted an employer’s counterclaims against its former employee-whistleblower to proceed in a False Claims Act (“FCA”) lawsuit after determining that the employer’s amended counterclaims for breach of fiduciary duty and breach of contract were sufficiently independent from the underlying FCA claims to survive a motion to dismiss, despite significant factual overlap. The decision in U.S. ex rel. Cooley v. ERMI, LLC, et al.., a qui tam FCA action where the plaintiff, known as a “Relator,” brings the claim on behalf of the ...
By Nancy L. Gunzenhauser and Ian Carleton Schaefer
How can an employee of a national employer not “work” where her employer works? How can such an employee not be subject to suit in the corporation’s backyard?
According to a recent New Jersey state court decision, a technology consultant for a New Jersey corporation who worked in Illinois and provided no services to New Jersey based clients could not be subject to suit in New Jersey. This decision is instructive for technology companies with a significant national workforce (particularly if they leverage remote/agile workers ...
Blog Editors
Recent Updates
- VHRA Updates: Virginia Widens Employer Coverage and Extends Discrimination Complaint Filing Deadlines
- Watch: States Are Now Writing the Workplace AI Rules - Employment Law This Week
- Watch: Hemant Gupta Bridges the Gap Between Cutting-Edge Technology and Intellectual Property Protection
- A Proposed Overhaul to Federal Grantmaking: What It Could Mean for Grantees, Healthcare and Other Researchers, and Colleges and Universities
- Watch: Agencies Step Up DEI Scrutiny, DOL Clarifies Overtime Rules, and California Court Limits PAGA Claims - Employment Law This Week