Qui Tam practice in Virginia

Why do you think all the most business-friendly states have state False Claims Acts?

Over the past few years I have noticed that certain questions and objections sometimes arise when a state considers a state False Claims Act.  Today’s post deals with the single most common objection and/or question. As an aside, I have also […]

Important Considerations for Settlement in a Virginia Fraud Against Taxpayers Act case

As I have said many times, there is no practice area quite as complicated as false claims act litigation under either the federal False Claims Act or the Virginia Fraud Against Taxpayers Act (or for that matter under any of […]

Two Major–and Historic–Events in the Past Seven Days…

In the last seven days, two major historic events occurred.  Although very few Virginians paid attention or cared, we will all notice the benefit bestowed on our Commonwealth by these two events…On Saturday, March 26th, Governor Bob McDonnell signed groundbreaking amendments to […]

U.S. Court of Appeals for the Fourth Circuit Issues Opinion in ACLU et al. v. Eric H. Holder, et al.

After several months of waiting, today the Fourth Circuit issued its 

Still the “Rocket Docket” after all these years…

It seems the U.S. District Court for the Eastern District of Virginia is still far and away the speediest venue available among the 94 U.S. District Court in the country according to
report issued by the United States Courts. 

The report covers the 12 calendar months ending Sept. 30, 2010. During that time frame 2,067 cases were filed in the Eastern District of Virginia, which by my rough estimate puts the court in the
top 10 nationwide in terms of volume. …

The Supreme Court of Virginia Grants Appeal in Cuccinelli v. UVa

Yesterday, SCOVA announced that it had granted the Attorney General’s appeal  from a ruling quashing
the AG”s civil investigative demand to the University of Virginia. As readers are aware, the Order was entered by Judge Peatross in the Circuit Court of Albemarle County.

The following are the assignments of error:

  1. The circuit court erred in setting aside the CIDs based on the ground that the Attorney General lacked a “reason to believe” that UVa. may be in possession, custody, or control …

The New and Improved Virginia Fraud Against Taxpayers Act is “Enrolled” And Sent to the Governor!


As of yesterday, March 3, 2011, SB1262 was “enrolled” by the Virginia General Assembly! 

An enrolled bill is the final printed version of the bill as passed by the House of Delegates and the Senate, signed by the Speaker of the House and the President of the Senate (the Lieutenant
Governor) and transmitted to the Governor for his signature.

I also have a correction to make. Earlier, I had reported that Illinois was …

Stephen Kohn blogs about the ACLU lawsuit attacking the seal provisions of the federal False Claims Act

Last month the Whistleblowers Protection Blog did an excellent post following up on the ACLU’s attack on the federal False Claims Act.  After the District Court’s dismissal of the ACLU’s lawsuit, the ACLU appealed the matter to the Fourth Circuit Court […]

The Virginia Fraud Against Taxpayers Act is Amended to Match the Federal False Claims Act!

Last night, the both Houses of the Virginia General Assembly passed the most important piece of legislation in the 2011 legislative session–that is, the Virginia Fraud Against Taxpayers Act was updated and amended to match the Federal False Claims Act!  […]

On the topic of civil investigative demands issued by the Attorney General

As Virginia’s 2011 legislative session winds to a close, I am pleased to announce that two bills which sought to strip the Virginia Attorney General of his powers to issue civil investigative demands have failed to pass the House of […]