Third Circuit Confirms 2010 Statutory Expansion of Anti-Retaliation Whistleblower Protections

In a recent case, the US Court of Appeals for the Third Circuit confirmed that the anti-retaliation provision of the False Claims Act prohibits employers from retaliating against employees who undertake lawful efforts to “stop” a violation of the FCA, even if there is not a “distinct possibility” of an actual FCA lawsuit being filed, and clarified how the 2010 amendments to the FCA’s retaliation provision 31 USC § 3730(h) should be applied.