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February 2015 Archives

Arbitration Provisions & The False Claims Act

Can a company compel arbitration when a former employee brings a retaliation claim against the company under the False Claims Act? The answer, according to courts that have encountered the issue, could go either way, depending in large part on the terms of the mandatory arbitration provision. In the context of the federal False Claims Act, the issue of whether a company can compel arbitration based on its internal policy has recently come to the forefront with respect to whistleblower retaliation claims.

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