​In the aftermath of the global financial crisis and corporate scandals such as Enron and WorldCom, regulators have placed a greater emphasis on incentivizing employees to report instances of corporate misconduct.  As a result, there has been a significant increase in whistleblower programs across industries intended to protect and reward employees who come forward with information about unlawful activities. In many cases, these individuals are operating under some degree of risk.  Therefore, there has been growing interest in how the law can help support and protect whistleblowers from retaliation.  

A whistleblower is anyone who has and reports insider knowledge of illegal activities occurring in an organization. Whistleblowers can be employees, suppliers, contractors, clients, or any individual who becomes aware of illegal business activities.​ A person may also be considered a whistleblower if they report misconduct committed by an auditing firm or law firm.  Employee whistleblowers are often protected by the law, and many organizations have implemented policies to encourage them to report misconduct. It is important to note that there is no one-size-fits-all approach when it comes to encouraging whistleblowing. Whistleblower protections vary based on the type of misconduct reported and the number of individuals involved. You should speak to an experienced whistleblower attorney if you are thinking of blowing the whistle.

​The importance of having protections for whistleblowers cannot be overstated.  Whistleblowers play a critical role in holding businesses and industries accountable and they also protect taxpayer dollars.  Blowing the whistle on fraud or any other illegal activity that goes against the public interest benefits the government and its people. That is why the U.S. government offers incentives and protections to those who share credible information with them, and why greater emphasis is being placed on whistleblower programs and need to protect those individuals willing to come forward and expose fraud being committed against the government. Encouraging employees to report instances of misconduct ultimately benefits consumers and shareholders alike. Investors can expect greater transparency from corporations and a risk reduction. Similarly, customers can expect higher standards of corporate behavior. 

Federal and state laws protect whistleblowers in many cases. For example, the Sarbanes-Oxley Act protects employees who report financial misconduct at publicly traded companies. Likewise, the Dodd-Frank Wall Street Reform and Consumer Protection Act protects employees who report misconduct against companies in the financial industry. The False Claims Act protects whistleblowers who report fraud against the government. Many employees mistakenly believe that they are protected by company policy alone. This is not the case. On the contrary, employers often can terminate or otherwise retaliate against employees who report misconduct. Therefore, the law needs to continue to evolve and protect whistleblowers from the harmful effects of retaliation. 

​The growth in whistleblower programs has led to an increase in the importance of protecting whistleblowers. This is especially true in light of the global financial crisis, during which many companies engaged in fraud or misconduct. If you know or have evidence that your employer is acting illegally or unethically and you are thinking of blowing the whistle, call an experienced whistleblower attorney.  A whistleblower attorney can explain the entire process and give you their opinion of the merits of your case.

​A qui tam lawsuit is a type of whistleblower lawsuit in which an employee or contractor, called a “relator” in legal terms, brings suit on behalf of the government. These suits are also referred to as whistleblower lawsuits. They typically involve the detection and reporting of false claims against the government (fraud against the government) by the company's owners. An employee blowing the whistle on their employer and bringing suit on behalf of the government so they can recover related damages is called a Whistleblower Lawsuit. Successful whistleblowers are entitled to receive up to 30% of the damages and penalties recovered by the government as a result of their actions. Below are more details about these types of lawsuits, including eligibility requirements, possible risks, and examples of qui tam cases that have resulted in significant awards for whistleblowers.

​First, you should know several conditions must be met for you to file a qui tam action. First, the fraud must have been committed against the government, agencies, or programs. The most obvious and common examples of this type of fraud include Medicare fraud, Medicaid fraud, and defense contractor fraud.  Second, you must be an employee or contractor who was or is involved with the government contract in question. In other words, this means you must have firsthand knowledge of the actual fraud committed against the government to be eligible to file a qui tam lawsuit.  Finally, you must file the action within 6 years of the time you first learned about the fraud. This is called the statute of limitations, and it applies to every qui tam action.

​There are several possible risks involved in filing a qui tam lawsuit, including the following. You may experience retaliation in the form of a decrease in pay or other employment benefits. You may also face other forms of retaliation from your employer, such as being demoted or fired.  However, these risks are minimized because the government affords certain protections for whistleblowers. The False Claims Act protects against retaliation: Whistleblowers may not be harassed, threatened, demoted, fired, or otherwise discriminated against because of their decision to come forward. Other risks include receiving a lower financial award if you are successful in your lawsuit. This is where an experienced whistleblower attorney can help. If you are considering blowing the whistle but have concerns, talk to a whistleblower lawyer who can further explain the process and the merits of your case.

​These are a few examples of whistleblower cases that have resulted in significant awards for the whistleblower.  As a reward for blowing the whistle on GlaxoSmithKline in 2012, four whistleblowers split an estimated $250 million reward.  As part of a larger, $16.65 billion payout, whistleblowers shared a $170 million reward for exposing Bank of America's fraudulent practice of labeling high-risk mortgages as safe and selling them to government-insured mortgage companies.  In 2012, Johnson & Johnson paid $2.2 billion to settle off-label fraud and kickback allegations related to the prescription drugs Risperdal, Natrecor and Invega. The whistleblower received $167 million in rewards. Tenet Healthcare paid $900 million to settle allegations that it engaged in bill padding, upcoded DRG codes, paid kickbacks and fraudulently manipulated Medicare outlier payments. For reporting the fraud, the whistleblower received $150 million in 2006.

​If you work in a government contracting company and have knowledge of fraud committed against the government, you can file a qui tam lawsuit on behalf of the government. Such lawsuits are also referred to as whistleblower lawsuits. If your qui tam action is successful, you will receive a percentage of the damages recovered by the government as a result of your action.  Contact a whistleblower attorney today.

​Mental health is just as important as physical health. In fact, it is so important that World Health Organization statistics show that mental illness will be the primary source of disability by 2030. In today’s world, it can be extremely challenging to keep up with all the different social media platforms – and the mental health disorders caused by social media. Not all online communities are beneficial for your mental health. In fact, in a recent study from Common Sense Media, young adults (aged 18-25) reported lower self-esteem after activities such as browsing Instagram, which was the platform they reported having the most negative impact on their self-image. Indeed, the adverse mental health consequences as a result of Instagram addiction are well-documented by Facebook's own internal findings.

​Social media is a collection of various online platforms such as Facebook that allow people to connect, share information, and express themselves. Popular social media platforms include Facebook, Twitter, Instagram, YouTube, and Reddit. Social media is particularly popular among younger generations. For example, Pew Research Center found that 73% of teens use social media. There is no one reason why people use social media, but many engage in these platforms for entertainment, relationship maintenance, and information seeking.

​Social media has the potential to positively affect our mental health. For example, it can be used for self-expression, support from a community of like-minded people, and information-seeking. On the other hand, social media may negatively affect our mental health by increasing social comparisons and promoting negativity. Social comparisons happen when people look at others’ lives and wish things were different. For example, someone might look through friends’ Instagram feeds and wish they had the same lifestyle. These types of comparisons can make people feel inferior and dissatisfied with their own lives. Social media can also be a place where people can express negativity.  Someone might post an Instagram photo and receive a lot of likes and comments, but then feel disappointed that their photo did not receive even more likes and comments. More posts like this can lead to feelings of low self-worth. As a result, social media addiction and the adverse mental health consequences as a result of Instagram and other mental health disorders caused by social media is on the rise in adolescents and become well-documented problem adolescents are facing in ever-increasing numbers.

​Depression is a mental illness that can make people feel sad, hopeless, and empty. People with depression often find it hard to do everyday activities because they do not feel like doing anything other than lying in bed all day. Researchers have studied the link between social media usage and depression. They have found that people who spend more time on social media are more likely to report higher levels of depression. One study that followed more than 800 college students over a semester found that those who used Facebook more frequently reported higher levels of depression. There are a couple of potential explanations for the effects of social media on mental health such as depression. First, people who are depressed often spend more time on social media than healthy people because they do not feel like doing anything else. Second, people who fail to recognize their depressive symptoms may mistakenly believe that staying on social media is okay because it does not feel like a real waste of time.

​Anxiety is a mental health disorder that causes people to worry excessively about everyday situations, such as making a presentation at work or driving on the highway. People who have anxiety disorders often have a hard time functioning because of their constant worrying. Many studies that have investigated the link between social media usage and anxiety have found that people who spend more time on social media have higher levels of anxiety. In one survey that followed over 2,000 people, researchers found that people who visited social media sites more than 10 times per day had higher levels of anxiety compared to those who visited fewer times per day. Another study that followed 943 college students over an academic term found that anxiety was higher among those who used social media more frequently. Thus, the more addicted to social media someone becomes increases the effects of social media on mental health.

​Bipolar disorders are mental illnesses characterized by extreme changes in energy, mood, and behavior. These mood swings often happen quickly and unpredictably, which makes it difficult for people with bipolar disorders to maintain relationships. Bipolar disorders are many times triggered by stressful life events, such as losing a loved one or going through a break-up. In one study that followed adults who had recently experienced stressful life events, researchers found that people with bipolar disorders were more likely to use social media.

​As the number of adolescents who become addicted to social media rises, so too will the effects of social media on mental health.   This is only compounded when the companies that own these social media platforms own studies have documented the adverse effects of social media on mental health, including the adverse mental health consequences as a result of Instagram addiction.  If you have suffered a mental disorder as a result of social media addiction, you may want to contact a social media mental health lawyer.

​A whistleblower is anyone who has and reports insider knowledge of illegal activities occurring in an organization. Often the term is used to refer to anyone who risks their job, reputation, or other consequences by blowing the whistle. This article will discuss why people blow the whistle, how to become a whistleblower, common reasons why people choose to blow the whistle on their organization, protections for whistleblowers, and where you can find resources for further help.

​The term “whistleblower” derives from the image of an employee loudly blowing their whistle to alert others that a serious problem exists in the organization. Whistleblowers reveal potentially unethical and illegal practices or illegal behavior by offering facts and evidence — sometimes at great risk to their jobs, reputations, or other consequences. If you report unethical practices to your employer, you are not automatically considered a whistleblower. Whistleblowing is when you report unethical practices to someone outside of your organization, such as a government agency through an experienced whistleblower attorney.

​People blow the whistle for several reasons. Some may see unethical or illegal practices that put people at risk. Other whistleblowers might be employees of government agencies, universities, or large corporations who want to stop illegal or unethical practices that are wasting taxpayer money or harming the public. People may also blow the whistle to force their employers to take action against discrimination or sexual harassment or other illegal business practice. While employees who report wrongdoing should be protected from retaliation by their employer, many choose to go outside of their organization because they believe their employer will not take appropriate action and/or because they fear retaliation by their employer.

​If you have information about misconduct that is preventing your organization from achieving its goals, or about illegal practices, you can still be anonymous when you report it. Some whistleblowers choose to remain anonymous because they are concerned about retaliation from their organization. Reporting misconduct to an outside organization such as a federal agency can help protect whistleblowers from retaliation. If you decide to blow the whistle, you should first talk with an experienced whistleblower attorney. If you decide to report misconduct, you can choose to report it anonymously or not. You can also report it to your employer or other internal channels first, but if you do not think these channels will be effective, you can report it anonymously to an outside agency such as the U.S. Securities and Exchange Commission or the U.S. Department of Justice through your whistleblower attorney.

​You should consider blowing the whistle if you believe that illegal or unethical practices are preventing your organization from achieving its goals. These practices may include discrimination, fraud, the use of unnecessary secrecy, or the unjustified use of power. If you see these kinds of practices happening in your organization, you may be obligated to report them. If you are unsure if what you are witnessing constitutes misconduct or illegal activities, you can talk with others in your organization about your concerns. You can also talk with outside sources such as a whistleblower attorney who can advise you on the law and the process of being a whistleblower.

​Organizational misconduct can include many practices, including - Discrimination: The use of power to illegally harm another person based on race, ethnicity, gender, sexual orientation, age, disability, or other personal characteristics. - Fraud: The use of deception or unethical practices that harms people financially. - The use of unnecessary secrecy: Secrecy that does not serve a legitimate purpose and that may prevent an organization from being held accountable for its unlawful actions. - The unjustified use of power: Behavior that intentionally abuses power, such as nepotism or the giving of unwarranted negative performance reviews and reprimands. - Violations of laws and regulations: Conduct that violates laws, codes or regulations.

​The government affords certain protections for whistleblowers. The False Claims Act protects against retaliation: Whistleblowers may not be harassed, threatened, demoted, fired, or otherwise discriminated against because they decided to come forward. If you have been treated unjustly because you spoke out, you can file a lawsuit against your employer seeking damages including reinstatement (if you were fired) and back pay. Even if your claim turns out to be unsubstantiated, you are protected against retaliation provided your claim was made in good faith.

​If you have knowledge of fraud against or illegal conduct at your job and you are considering blowing the whistle, contact Timothy L. Miles. The consultation is free and confidential. Please also visit our Resources center which provides a wealth of whistleblower information. Call today and see what a whistleblower attorney can do for you.

​Baby formula is a staple for so many new parents. But what if the formula you are feeding your baby is not safe? That is exactly what has been happening with some brands of Abbott Laboratories, Inc.’s (“Abbott”) powdered baby formula in recent months. There have been several brands of Abbott baby formula recalled due to concerns that they may contain harmful bacteria. Specifically, powder formulas including Similac, Alimentum and EleCare manufactured in Sturgis, Michigan, one of the company’s manufacturing facilities, have been recalled. In this article, we cover what you need to know about the recall. 

​On February 27, 2012, Abbott announced it was recalling powder formulas, including Similac, Alimentum and EleCare manufactured in Sturgis, Michigan, one of the company’s manufacturing facilities. The recall does not include any metabolic deficiency nutrition formulas. Products made at this facility can be found across the U.S. and were likely exported to other countries as well. Canadian health officials have also issued a recall warning.  Additionally, on February 28, 2012, Abbott stated it was recalling one lot of Similac PM 60/40 (Lot # 27032K80 (can) / Lot # 27032K800 (case)) manufactured in Sturgis, Michigan.

​Abbott is recalling these products after four consumer complaints related to Cronobacter sakazakii or Salmonella Newport in infants who had consumed powder infant formula manufactured in this facility. Cronobacter sakazakii is a bacteria commonly found in dry environments, like baby formula, and can cause stomach issues as well as urinary tract infections in people of all ages. However, when ingested by a child two months or younger, it can result in more serious infections, for example, sepsis and meningitis. If your child exhibits any of the following symptoms after consuming a dry food product, you should seek medical treatment to ensure their safety immediately: fever; unusual patterns of crying; abnormally low energy; and difficulty or refusal to eat.
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On the other hand, Salmonella Newport causes symptoms of foodborne illness, such as diarrhea, intestinal pressure, and vomiting. This type of bacteria is significantly more dangerous to children under three months of age, and an infant who is infected with Salmonella Newport will exhibit the same symptoms as Cronobacter sakazakii. 

​The defective baby formula products contain bacteria that, if ingested, can cause a serious, life-threatening infection in young children. Any family that has Abbott products in their home should dispose of them and find a safer alternative for their children, one that does not jeopardize their health and well-being. Although there has not been a large number of reported cases of infections, it is still best to avoid the products entirely to ensure your child's safety.

​If you notice that your child is exhibiting any of the symptoms mentioned above after consuming a powdered baby formula product, it’s best to bring them to a trusted medical professional for a second opinion. The signs of a Cronobacter sakazakii or Salmonella Newport infection are very vague, and the behavior your child is showing could just be a coincidence rather than a severe diagnosis. However, you do not want to leave that up to chance, and by seeking medical attention sooner rather than later, you can protect your child from the consequences of an infection that has gone too far.

​Yes, you should dispose of any recalled Abbott baby formula you may have in your home and not jeopardize the health of your child. Be mindful that the formula that was part of the original recall may still be on store shelves. If your baby was hospitalized after using Abbott Recalled Baby Formula purchased after August 2021, call Abbott Baby Formula Recall Lawyer Timothy L. Miles for a free case evaluation and see if you are eligible for a Baby Formula Recall Lawsuit today. For more information on the Abbott Baby formula recall click here and for a wealth of information on defective products and the legal system please visit our Resources Center. 

Individuals who have and report insider knowledge of illegal activities occurring in an organization are known as whistleblowers. Whistleblowers play a critical role in holding businesses and industries accountable, and they also protect taxpayer dollars. Blowing the whistle on fraud or any other illegal activity that goes against the public interest benefits the government and its people. That is  why the U.S. government offers incentives and protections to those who share credible information with them.
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While most whistleblowers may be understandably fearful to come forward for fear of retaliation from their employer, there are strict laws in place to protect you whistleblowers from retaliation. 

Qui tam is a provision in the FCA that allows private citizens with evidence of fraud perpetrated against the federal government to sue the wrongdoer on behalf of the U.S. government. These citizens are rewarded with a substantial share in any financial recovery that’s made (typically 15-30% of the total amount).

The qui tam provision was enacted to encourage private citizens to come forward with information about entities defrauding federal programs, thus allowing the government to recoup stolen funds. Qui tam lawsuits differ from other types of lawsuits, such as personal injuries, in that the person bringing the suit is not the one who has been directly harmed.

Any person with information about fraud against the government – an employee, contractor, competitor, or someone else – can bring a qui tam lawsuit. 

If you have information about fraud against the U.S. government, contact us. We can help you determine if you have a case, and securely walk you through the process.

​The government affords certain protections for whistleblowers. The FCA provides protection against retaliation: Whistleblowers may not be harassed, threatened, demoted, fired, or otherwise discriminated against because of their decision to come forward. 
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If you have been treated unjustly because you spoke out, you can file a lawsuit against your employer seeking damages including reinstatement (if you were fired) and back pay. Even if your claim turns out to be unsubstantiated, you are protected against retaliation provided your claim was made in good faith.

Government workers can also blow the whistle on their own government. The Whistleblower Protection Act is a federal law that provides these individuals with protection for disclosing various acts of unlawful and unethical behavior on the part of the U.S. government:  

• Violations of the law, rules, or regulations
• Abuse of authority
• Gross waste of funds
• Gross mismanagement
• Substantial danger to public health or safety

If you are a federal employee who has uncovered possible fraud by the federal government and you have endured retaliation as a result (e.g., demotion, pay cut, firing, or harassment), contact us. We can review your case in a free, no-risk evaluation.

Whistleblower lawsuits are complex, so you need a qualified whistleblower attorney on your side.  You need a whistleblower attorney who can:

• Evaluate your claim and all evidence relating to it
• Help you file a lawsuit or submit information under the appropriate whistleblower program (depending on your type of case)
• Persuade the government to get involved in your case, which increases the likelihood for success
• Fight for the maximum compensation for your contributions as a whistleblower
• Remain by your side from start to finish

We understand that you might be reluctant to file a qui tam lawsuit, but it is important to know that all FCA lawsuits are filed confidentially and may not be viewed by the accused or the general public.

​If you have knowledge of fraud against or by the federal government, contact us. The consultation is free and confidential. Please also visit our Resources center which provides a wealth of whistleblower information.  Call today and see what a whistleblower attorney can do fot you.

​On July 16, 2022 the United States Senate voted to pass the Camp Lejeune Justice Act, a federal law giving former residents of Marine Corps Base Camp Lejeune, military, civilians and their families who were exposed to toxic water at Camp Lejeune the right to seek reparations from the U.S. government. 

In summary:

• This bill allows certain individuals to sue and recover damages for harm from exposure to contaminated water at Camp Lejeune in North Carolina between August 1, 1953, and December 31, 1987.
• This action is available only to individuals who were exposed to contaminated water for at least 30 days.
• The bill prohibits the U.S. government from asserting specified immunity from litigation in response to such a lawsuit.
• The bill also prohibits an individual who brings such an action from bringing a separate tort action against the United States based on the same harm.

From 1953 to 1987, the water at Camp Lejeune was contaminated with volatile organic compounds (VOCs), including known carcinogens that are up to 280 times the standard safety level. Four core chemicals and 70 secondary chemicals were identified in the water. These included including: trichloroethylene (TCE), tetrachloroethylene (PCE), vinyl chloride (VC), and benzene. These toxins may have exposed through drinking, cooking, cleaning and bathing water and caused serious health complications, including a variety of cancer diagnoses, Parkinson’s disease, stillbirths, infertility, miscarriages and more.

Under the Camp Lejeune Justice Act, anyone who lived or worked at the base between 1952 and 1987 for at least 30 days and was subjected to toxic water exposure on base to file a claim against the U.S. government. The Act prohibits the U.S. government from asserting specific immunity from litigation in response to any potential lawsuit.

If the Camp Lejeune Justice Act was not passed military family members and civilians who suffer from diseases, deformities, and loss of loved ones would otherwise not have an opportunity for reparations because they would be barred by the doctrine of specified immunity. However, now those individuals who are suffering, or have suffered due to one of the presumptive conditions associated with the toxic water exposure on base can seek compensation through the judicial system via a Camp Lejeune Toxic Water Exposure Lawsuit.

As a result of the Camp Lejeune Justice Act, military veterans, their family members, and civilians now have access to the court systems.  If you were a former resident at Camp Lejeune in North Carolina at any time between 1953 to 1987, for at least thirty days, and consumed contaminated toxic water and developed cancer or Parkinson’s disease, infertility, or had a miscarriage or have been diagnosed or suffered any severe health complications contact Camp Lejeune Reparations Lawyer Timothy L. Miles for a free case evaluation about a Camp Lejeune Toxic Water Exposure Lawsuit.

Victims and their families can find more valuable resources on the legal system by visiting our Resources Center.

Unless an exception exists, the general rule is that the proceeds received from most personal injury cases are exempt from both federal and state taxes. It is irrelevant for tax purposes whether you received a settlement pre-filing or after filing a complaint or obtained a judgment at trial. Neither the state or federal government can tax your settlement or verdict.  The Federal tax code excludes damages received as a result of personal physical injuries or physical sickness from a taxpayer’s gross income.

Therefore, personal injury damages intended to compensate the claimant for damages such as medical bills, lost wages, pain and suffering, emotional distress, loss of consortium, and attorney fees are not taxable as long as they come from a personal injury or a physical sickness.

There are several important exception to the general rule when personal injury damages will be taxable including: punitive damages; emotional injury claims; terest; and lost wages in an employment case.

​As noted above, only injuries associated with a physical injury are non-taxable.  Thus, suffering emotional distress without any physical injury is taxable.  For example, you receive damages as a result of witnessing someone else’s injury.  For this amount of the damages, you will have to pay taxes. However, the amount you must include is reduced by: (1) amounts paid for medical expenses attributable to emotional distress or mental anguish not previously deducted and (2) previously deducted medical expenses for such distress and anguish that did not provide a tax benefit.

​Interest on any settlement is generally taxable as “Interest Income” and should be reported on line 2b of Form 1040.