Amy Blackwood

Amy Blackwood

Proskauer Rose LLP

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Latest Publications


SEC Reduces Whistleblower Bounty Based On Culpability And Delayed Reporting

On February 28, 2017, in an Order almost entirely devoid of detail, the SEC announced that a whistleblower will receive 20% of any monetary sanctions collected in an enforcement action commenced as a result of the...more

3/8/2017 - Co-Conspirators Legislative Agendas Personal Liability SEC Whistleblower Awards Whistleblowers

The Department Of Homeland Security Proposes New Rules Affecting Federal Government Contractors

This week, the Department of Homeland Security (“DHS”) issued three proposed rules expanding data security and privacy requirements for contractors and subcontractors. The proposed rules build upon other recent efforts by...more

1/23/2017 - Controlled Unclassified Information Critical Infrastructure Sectors Cybersecurity Cybersecurity Framework Data Protection Department of Defense (DOD) DHS Federal Acquisition Regulations (FAR) Federal Contractors Information Technology NARA Training

OFCCP Sues Google, Seeking Pay Data

On January 4, 2017, the Office of Federal Contractor Compliance Programs (OFCCP) sued Google, claiming that the tech giant is illegally withholding information about the compensation it provides its employees.  OFCCP seeks...more

1/10/2017 - ALJ Anti-Retaliation Provisions Audits Compensation & Benefits Discovery Discrimination DOL Federal Contractors Gender Discrimination Gender Identity Gender-Based Pay Discrimination Google LGBT LGBTQ National Origin Discrimination OFCCP Sex Discrimination Sexual Orientation Discrimination Veterans Wage and Hour

New Sex Discrimination Guidelines Take Effect August 15, 2016

We have previously written about the updated sex discrimination guidelines recently published by OFCCP. Among other mandates, the guidelines require federal government contractors to provide paternity leave on an equal basis...more

8/5/2016 - Employee Handbooks Employment Discrimination Federal Contractors Gender Identity Maternity Leave OFCCP Paternity Leave Sex Discrimination

New OSHA Rule Requires Employers To Reevaluate Certain Workplace Policies

On May 12, 2016, the Occupational Safety & Health Administration (OSHA) published a final rule regarding reporting injuries and illnesses in the workplace and protecting employees who make those reports. The new rule expands...more

7/12/2016 - Anti-Retaliation Provisions Civil Monetary Penalty Drug Testing Employer Liability Issues Final Rules Incentives OSHA Reporting Requirements Workplace Injury Workplace Safety

OFCCP Publishes Final Rule Modernizing Sex Discrimination Guidelines

For the first time in more than four decades, OFCCP revised its Sex Discrimination Guidelines prohibiting discrimination by government contractors on the basis of sex (the “final rule”). The final rule applies to employers...more

6/16/2016 - Affirmative Action Executive Orders Federal Contractors Final Rules FMLA Gender Discrimination Gender Identity OFCCP Pregnancy Discrimination Sex Discrimination Sexual Harassment Transgender

Fifth Circuit Weighs In On Breadth Of The Rehabilitation Act

Recently, a split has continued among the Circuit Courts as to whether Section 504 of the Rehabilitation Act permits employment discrimination suits by independent contractors. On February 1, 2016, the Fifth Circuit joined...more

2/10/2016 - ADA Corporate Counsel Disability Discrimination Federal Contractors Hostile Environment Independent Contractors Reasonable Accommodation Rehabilitation Act

DOD Issues Proposed Rule Extending Limitations on Contractor Employee Personal Conflicts of Interest

The Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) have issued a proposed rule amending the Federal Acquisition Regulations (FAR) to extend the...more

4/7/2014 - Conflicts of Interest Contractors Department of Defense (DOD) Federal Acquisition Regulations (FAR) Federal Contractors General Services Administration (GSA)

OFCCP Adds New Resources to Disability and Veterans Community Resources Directory

Last month, the Office of Federal Contract Compliance Programs (OFCCP) created the Disability and Veterans Community Resources Directory. The goal of the Directory is to assist contractors in locating community and other...more

4/7/2014 - Disability Federal Contractors OFCCP Veterans

Federal Court Ruling Raises Questions About Privileged Nature Of Certain Internal Investigations

On March 6, 2013, the United States District Court for the District of Columbia ruled that Kellogg Brown & Root Services, Inc. (“KBR”) must produce to a qui tam relator 89 documents relating to internal investigations...more

3/19/2014 - Attorney-Client Privilege Corporate Counsel Discovery Financial Conduct Authority (FCA) Internal Investigations Qui Tam Whistleblowers Work Product Privilege

OSHA Issues New Whistleblower Rule Under Food Safety Modernization Act

The Occupational Safety and Health Administration (OSHA) has published an interim final rule implementing the whistleblower provision of the Food Safety Modernization Act (FSMA or the “Act”). The interim final rule became...more

2/28/2014 - FSMA OSHA Whistleblower Protection Policies Whistleblowers

Supreme Court Considers Review of Two False Claims Act Whistleblower Suits

The Supreme Court is considering whether to hear two whistleblower cases under the False Claims Act (“FCA”), both on appeal from the Fourth Circuit. The Supreme Court has asked the U.S. Solicitor General to weigh in before...more

10/16/2013 - False Claims Act (FCA) Fraud Medicare SCOTUS Whistleblowers WSLA

Federal Government’s FCA Claims Against Iraq Security Contractor Dismissed

The Eastern District of Virginia dismissed a False Claims Act complaint brought by the government and a whistleblower, finding that the government failed to adequately plead that it relied on allegedly false marksmanship...more

6/25/2013 - Contractors Defect False Claims Act (FCA)

Kinetic Moves To Disqualify Counsel In False Claims Act Qui Tam Action For Improper Use Of Contractor’s Privileged Documents

Arguing that relators’ counsel has retained and used, without authority, more than 800 of its attorney-client privileged and work product documents, Kinetic Concepts, Inc. (“KCI”) has asked the District Court for the Central...more

5/6/2013 - Attorney-Client Privilege Confidential Documents False Claims Act (FCA) Qui Tam Work Product Privilege

The Fourth Circuit Suspends Statutes Of Limitations On False Claims Act Claims During Times Of War And Holds That The “First To...

In United States ex rel. Carter v. Halliburton Co., No. 12-1011 (4th Cir. Mar. 18, 2013), the Fourth Circuit held that the statute of limitations for False Claims Act claims is suspended during times of war. The court also...more

4/3/2013 - False Claims Act (FCA) First-to-File Relators Statute of Limitations

Eastern District Of Virginia Rules That Employer Cannot Arbitrate False Claims Act Retaliation Claims

On Wednesday, the Eastern District of Virginia in Winston v. Academi Training Center, Inc., No. 1:12-cv-767 (July 12, 2012), declared an arbitration provision in an independent contractor agreement unconscionable, clearing...more

3/18/2013 - Arbitration Arbitration Agreements Attorney's Fees Discovery False Claims Act (FCA) Fraud Independent Contractors Retaliation Unconscionable Contracts

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