False Claims Act Retaliation in 2021 -
INTRODUCTION -
A corporate whistleblower can create more financial, organizational, and reputational damage to an employer by using the federal False Claims Act (FCA), 31 U.S.C....more
Largely overshadowed by the rise in COVID-19 deaths and the January 6, 2021, siege on the Capitol, the Criminal Antitrust Anti-Retaliation Act of 2019 (“the Act”) became law on December 23, 2020. See 15 U.S.C. § 7a-3....more
1/15/2021
/ Anti-Retaliation Provisions ,
Antitrust Provisions ,
Antitrust Violations ,
Corporate Counsel ,
Criminal Liability ,
Criminal Penalties ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
Whistleblower Protection Policies ,
Whistleblowers
On February 21, 2018, the U.S. Supreme Court issued its decision in Digital Realty Trust, Inc. v. Somers, Case No. 16–1276, resolving a circuit split on whether the Dodd-Frank Act (“Dodd-Frank” or the “Act”) requires...more
2/27/2018
/ Anti-Retaliation Provisions ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Internal Reporting ,
Reporting Requirements ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Whistleblower Protection Policies ,
Whistleblowers
On September 15, 2016, the federal Occupational Safety and Health Administration (OSHA) released new policy guidelines for its review of private settlement agreements presented to the agency for approval in whistleblowing...more
9/20/2016
/ BlueLinx Holdings ,
Cease and Desist Orders ,
Confidentiality Agreements ,
Corporate Counsel ,
Employer Liability Issues ,
Government Investigations ,
OSHA ,
Popular ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Settlement Agreements ,
Severance Agreements ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers ,
Workplace Hazards ,
Workplace Safety
In a matter of first impression, the U.S. District Court for the Western District of Pennsylvania in Cestra v. Mylan Inc. No. 15-0873 (E.D. Pa., May 22, 2015) held that the antiretaliation provision of the False Claims Act...more
6/12/2015
/ Anti-Retaliation Provisions ,
Cephalon ,
False Claims Act (FCA) ,
Hiring & Firing ,
Interlocutory Appeals ,
Mylan Pharmaceuticals ,
Protected Activity ,
Qui Tam ,
Whistleblower Protection Policies ,
Whistleblowers ,
Wrongful Termination
Long awaited in Sarbanes-Oxley Act (SOX) whistleblower circles, on October 9, 2014 the U. S. Department of Labor's Administrative Review Board (ARB) issued a split 2-1 panel decision in Fordham v. Fannie Mae, ARB No. 12-061,...more
In Lawson v. FMR LLC,1 the Supreme Court massively expanded the scope of the anti-retaliation provision of the Sarbanes-Oxley Act (SOX), from 4,500 publicly held companies to millions of private companies that are...more