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Connie Bertram

Connie Bertram

Proskauer Rose LLP


Latest Publications

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Government RFI on New Cybersecurity Measures for Federal Contracts

Last week, the General Services Administration (“GSA”) issued a Request for Information (“RFI”) soliciting comments from federal contractors on the feasibility of incorporating cybersecurity standards into federal...more

5/21/2013 - Contractors Cybersecurity DHS DOD GSA Request For Information

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 Qui Tam Work Product Privilege

New Mexico Enacts Fair Pay for Women Act

Earlier this spring, New Mexico Governor Susana Martinez signed into law the Fair Pay for Women Act ("FPWA" or the "Act"), prohibiting employers from engaging in gender–based wage discrimination. Inspired by the passage of...more

5/6/2013 - Discrimination Fair Pay Act Gender Discrimination Human Rights Wage and Hour Wages

NLRB’s General Counsel’s Division of Advice Issues Helpful Guidance on Banner Health Ban on Blanket Confidentiality Rules in...

As Proskauer previously reported here, in Banner Health System d/b/a Banner Estrella Medical Center, 358 NLRB No. 93 (July 30, 2012), the National Labor Relations Board (“NLRB”) reviewed an employer’s blanket policy of...more

4/23/2013 - Banner Health System Confidential Employer Investigations NLRA NLRB Protected Concerted Activity Section 7

Tyco Seeks En Banc Review of Controversial Third Circuit Wiest v. Lynch Decision

Tyco Electronics Corporation filed a Petition for Rehearing En Banc with the Third Circuit on April 2, 2013 asking the court to reconsider its March 19 decision in Wiest v. Lynch, No. 11-cv-4257, 2013 U.S. App. LEXIS 5345 (3d...more

4/4/2013 - Sarbanes-Oxley Tyco Whistleblowers Wiest v Lynch

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 First-to-File Relators Statute of Limitations WLSA

The Fourth Circuit Upholds Entry of Summary Judgment in Favor of CIED Manufacturers, Finding that Complaints Concerning...

Plaintiff, former engineer for defendant Impact Science & Technology, Inc. (IST), brought suit against IST and related entities under the whistleblower provisions of the False Claims Act (FCA) in 2007. A federal district...more

3/26/2013 - False Claims Act Protected Activity Summary Judgment Whistleblowers

The Fourth Circuit Upholds Entry of Summary Judgment in Favor of CIED Manufacturers, Finding that Complaints Concerning...

Plaintiff, former engineer for defendant Impact Science & Technology, Inc. (IST), brought suit against IST and related entities under the whistleblower provisions of the False Claims Act (FCA) in 2007. A federal district...more

3/25/2013 - False Claims Act Protected Activity Summary Judgment Whistleblowers

Although Funding Bill Offers Agencies More Discretion On Sequestration, Contractors Should Consider Employment Law Implications in...

On March 21, 2013, the House of Representatives approved a spending bill that would provide funding for the federal government through September 30. The Senate had already passed the bill and President Obama is expected to...more

3/25/2013 - Affordable Care Act COBRA Contractors Discrimination FLSA Furloughs OWBPA Sequestration WARN Act

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 Fraud Independent Contractors Retaliation Unconscionable Contracts

Summary of OFCCP’s Public Briefing on the Rescission of the 2006 Compensation Guidance and New Investigation Protocols

On Monday, March 11, 2013, OFCCP held a web seminar on its recent rescission of two 2006 guidance documents on pay discrimination and its new directive on pay discrimination. The rescission and new directive were issued on...more

3/15/2013

OSHA Issues Interim Final Rule on PPACA Whistleblower Provision

On February 22, 2013, the federal Occupational Safety and Health Administration (OSHA) released an interim final rule concerning the whistleblower protection provisions of The Patient Protection and Affordable Care Act...more

3/11/2013 - Affordable Care Act Healthcare OSHA Whistleblowers

New Pay Discrimination Directive Issued by the Office of Federal Contract Compliance Programs (“OFCCP”)

On February 26, 2013, OFCCP announced the rescission of two guidance documents on pay discrimination issued in 2006: Interpreting Nondiscrimination Requirements of Executive Order 11246 With Respect to Systemic Compensation...more

3/4/2013 - Contractors Discrimination OFCCP Title VII Wages

OFCCP Directive Adopts EEOC Guidance and Outlines New Procedures and Existing Legal Obligations Regarding Criminal Background...

On January 29, 2013, the Office of Federal Contract Compliance Programs ("OFCCP") adopted the Equal Employment Opportunity Commission's ("EEOC") April 25, 2012 Guidance regarding the use of criminal records in employment...more

2/12/2013 - Criminal Background Checks Discrimination EEOC FCRA Hiring & Firing OFCCP Title VII Training UGESP

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