Brown, Jason Brown. International Sophistication is the Next Wave of United States Litigation including Whistleblower Laws.
While the EU may be far ahead of the United States in some of its regulatory actions, where the United States falls behind from a government perspective for better or for worse, generally trial lawyers advance cases in the United States that the rest of the world benefits from. For example, certain mass torts like litigation against new generations of birth control, originally shadowed European regulations, but were held accountable in the United States by some amazing lawyering from firms and people like Roger Denton and Kris Kraft at Schlicter Bogard and Denton, Paul and David Rheingold at The Rheingold Law Firm, and Jason T. Brown, now with Brown, LLC (formerly JTB Law Group, LLC) and many others.
Cases like the Yaz Litigation where a new generation of hormone was arguably less safe than the earlier generations started in the United States, settled for billions and now worldwide attorneys are taking that template and litigating to hold the pharmaceutical companies accountable globally.
Big Pharma and other global corporations can be held accountable in other ways too, especially with pragmatic use of various qui tam statutes. A qui tam lawsuit enables private citizens to commence a lawsuit on behalf of the government where the plaintiff is known as a relator since he or she is relating the claims of the government through the whistleblower lawsuit.
With the globalization of companies many individuals worldwide may be in a position to know about billion dollars worth of fraud perpetrated in the United States, but think they can’t bring an action since they are not physically located in the United States. Consider some of the following situations. Imagine, you are a whistleblower outside the United States who knows of a massive fraud from a publicly traded company. You can potentially bring an SEC whistleblower action through the use of SEC whistleblower counsel and perhaps remain anonymous from start to finish. If it involves commodities you may be able to bring a CFTC whistleblower action. With potential qui tam awards up to 30% of the amount recovered, a billion dollar fraud could be a hundred million dollar plus recovery for the information.
The False Claims Act will also allow some international whistleblowers to bring an action in the United States. One thing the large pharmaceutical companies do is research outside the U.S. to make it extremely challenging to obtain the needed discovery due to other countries privacy laws. Well, if you are in the know and are aware of data that was falsified during clinical studies, lying to the FDA, pharmaceutical products that lack the efficacy they claim, you may be able to be a whistleblower in the United States even though you are not located here.
Further, the FCPA Foreign Corrupt Practices Act prohibits United States companies from essentially bribing in other countries to advance their business interests. There’s a lot of that going on!
If you have information along any of these lines that you’d like to discuss, our international whistleblower lawyers can speak with you confidentially, and we’re only paid if we win your case. Your information could potentially save lives, certainly save money and hold companies that believe they are beyond reproach accountable.