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
- Podcast: FTC Nixes Non-Competes Nationwide—Now What? – Employment Law This Week
- Video: Avoiding Legal Illusions - Crafting Effective Arbitration Agreements - Employment Law This Week
- AI Resume Screening Tool Developer Is Subject to Federal Anti-Discrimination Laws, Says EEOC
- Video: SCOTUS Expands Title VII, EEOC’s Final PWFA Rule, AI Screening Tools - Employment Law This Week
- EEOC Final Rule Implementing the Pregnant Workers Fairness Act