New Jersey Federal Court Allows “Self-Help” Counterclaims Against Potential FCA Whistleblowers To Proceed

In an article reported by the National Law Review, Emilie Adams and Connie N. Bertram of Proskauer Rose, LLP addressed last week’s decision by a New Jersey federal court allowing medical device maker Boston Scientific to proceed with counterclaims against former employees for violating their contracts with the company by retaining and disclosing company proprietary information after they were terminated. The authors note that is one of a series of decisions in which courts have evaluated whether potential whistleblowers can engage in “self-help” discovery by taking company documents they believe are relevant to their claims.

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