What is a Qui Tam lawsuit?

Posted on : December 21, 2015

The False Claims Act is a law which imposes liability on any person or company that seeks to defraud the U.S government. Under the Act, there is a provision known as Qui Tam, which is one of the most recognized whistleblowing laws in the world. It enables any person who has knowledge that a corporation or a person is defrauding the government to blow the whistle and enjoy protection.

Qui Tam lawsuits are a common feature on the corridors of justice, but surprisingly the public is largely unaware of what they entail. A study by National Law Review shows 65% of whistleblowers do not understand they have protection under the False Claims Act.

Background to Qui Tam

In order to take advantage of Qui Tam, it is imperative to get deeper insight on the writ. The term originates from Medieval Europe and loosely translates to “one who sues on behalf of the king as well as for himself.” This protection for whistleblowers has helped stop many cases of fraud in major programs such as Medicare and defense contracts, among others.

A Qui Tam lawsuit will apply if you know about someone or a company that has knowingly presented fraudulent pay claims, used false records to access a federal benefit, or knowingly used a false document to avoid, conceal or reduce obligation to pay money to the federal government.

The Federal Claims Act under which Qui Tam lawsuits fall rewards the whistle blower while also guaranteeing job protection. If you have evidence of fraud in any federal program, you need to hire a reliable whistleblower attorney who will help file your case. The government will also evaluate the case and decide whether to join the case or not.

Whatever the decision of the government you can still continue as a private plaintiff. Your whistleblower attorney comes in handy because they have the expertise and experience in handling these lawsuits. The whistle blower is entitled to 15 to 25% of recovered federal funds and you will also enjoy protection against victimization by your employer.

Federal funds are meant to benefit everyone in society. If you are aware of a situation where such funds are being misused or lost, it is time to capitalize on the protection and financial benefits offered by Federal whistleblower law.

Contact us today for more information.

Five Steps to Effective Business Risk Management

Posted on : December 14, 2015

Effective business risk management is one of the greatest underpinnings for any successful enterprise. If you are an entrepreneur, you do appreciate there are a myriad of perils lurking around. Without adequate protection you are staring spectacular failure in the face. This is where your corporate lawyer comes in handy.

These risk management experts understand the common perils that different businesses face. A corporate attorney will also explain whether your business is inherently risky before setting out a roadmap to insure your enterprise.

So how do you leverage the services of business attorneys to protect your investment? Here are five major steps:

  • Set objectives and a risk mapping strategy: Your business must have a clear set of objectives and a strategy for risk assessment and mapping before dealing with the potential dangers.
  • Identify the risks: Once you have a risk assessment plan in place, it is easy to identify the risks. Luckily you don’t have to do this because established law firms have experts to help in this process.
  • Analyze the risk: Different types of risks pose different challenges. A legal expert will help you analyze the consequences of all types of perils facing your business.
  • Develop a risk response plan: Your small business attorney brings invaluable input in developing the most suitable response plan for every assessed risk.
  • Treating and Monitoring of the risk: If an identified situation develops, you have already created the right tools to respond. Whether it is business insurance, professional liability coverage or any other strategy, your corporate lawyer will be at hand to offer the way forward. After resolving the problem it is important to carry out periodic assessment to avoid recurrence.

An innocuous-looking situation such as a workers compensation claim can debilitate your investment. However, with the right legal advice from a corporate attorney you will always rest assured that your enterprise is protected.

Contact us today for more details.

What Commercial Lease Disputes Can a Civil Litigation Attorney Assist With?

Posted on : December 7, 2015

Lease disputes are inevitable in real estate. When you sign a lease it is always in good faith and you always hope the other party will uphold their end of the bargain. Whether you are the property owner, property manager or a tenant, issues may arise about your rights and responsibilities. When commercial lease disputes arise you need to leverage the professional services of a specialist attorney.

If you are a landlord or a tenant, it is important to appreciate the invaluable services a civil litigation attorney offers. These legal professionals understand lease disputes and all the options of resolving the same. More specifically, they will help you deal with the following kind of situations which always precipitate commercial lease disputes:

  • Breach of commercial lease, where the tenant uses the property for other purposes other than those in the agreement.
  • Default or non-payment of rent.
  • Subletting without your consent.
  • Unauthorized works in your property.
  • Failure to maintain the premise as agreed in the lease.
  • Unlawful detainer actions by the landlord.
  • Exercise of Options and Assignments where there is failure to notify within the prescribed time frames.

There are many other commercial lease situations that call for prompt legal assistance. For one thing, this area of law is complex and there are many changes to existing statutes that a property owner or tenant might not be aware of. These legal professionals are always up-to-date with any amendments to local and federal commercial property laws.

A commercial lease attorney can also offer alternative dispute resolutions because every situation is unique. When you seek the help of a local lawyer, make sure they fully understand your problem. In fact they should have the resources to investigate and scrutinize the lease before setting the best course of action.

It is also important to look for an established attorney who has a credible record in civil litigation. Before you enlist any lawyers, you should go through client testimonials and ask for referrals from friends who have used such services before.

Get in touch with us for more information.

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