Louise A. Herman Quoted in Rhode Island Lawyers Weekly on Significant 1st Circuit Decision Affecting Whistleblower Cases

East Providence, Rhode Island – Louise A. Herman, a distinguished whistleblower attorney, was recently featured in Rhode Island Lawyers Weekly discussing the implications of the 1st Circuit Court of Appeals’ decision in United States v. Regeneron Pharmaceuticals, Inc. The ruling adopted the heightened “but/for” causation standard in order to prove a violation of the False Claims Act that is premised on a violation of the Anti-Kickback Statute.  In the March 10, 2025, article titled “1st Circuit sets causation standard in whistleblower cases,” Ms. Herman commented on the decision’s impact:​

“Regeneron is definitely a defense win. But it’s not necessarily a game-changer for relators or the government in pursuing anti-kickback claims under the False Claims Act because there is another avenue, which predates the [2010] amendment, for pursuing these cases.” ​

Ms. Herman further explained that whistleblowers (also called relators) can still pursue claims under the False Claims Act’s false certification theory, which involves proving that a healthcare provider or other government contractor falsely represented compliance with anti-kickback regulations when submitting claims for payment. This approach focuses on demonstrating materiality and falsity without delving into causation issues.​

With a career dedicated to advocating for whistleblowers, Ms. Herman’s insights underscore her deep understanding of the complexities within False Claims Act litigation and her commitment to holding government contractors accountable for fraudulent practices.​