Lisa Noller

Lisa Noller

Foley & Lardner LLP

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A Review of Recent Whistleblower Developments

SEC Awards Another Whistleblowing Compliance Officer - On April 22, 2015, the Securities and Exchange Commission (SEC) announced an award between $1.4 and $1.6 million to a compliance officer who provided information...more

7/8/2015 - Attorney-Client Privilege Certificates of Compliance Chief Compliance Officers Compliance Confidentiality Agreements Enforcement Actions False Claims Act FINRA Internal Investigations IRS Retaliation Sarbanes-Oxley SEC Tax Court Upjohn Warnings Whistleblower Awards Whistleblower Protection Policies Whistleblowers Wrongful Termination

DOJ Pursuing Therapy Providers Under the FCA

As most recently spotlighted by the Department of Justice’s intervention in whistleblower claims against ManorCare, DOJ is increasing its enforcement of the False Claims Act (FCA) against therapy providers. In particular, DOJ...more

5/19/2015 - DOJ False Claims Act Government Investigations Health Care Providers Healthcare ManorCare Skilled Nursing Facility Skilled-Care Providers Whistleblowers

Second Circuit Denies Petition to Reconsider Newman Decision

April 3, 2015, the Second Circuit handed a significant victory to prospective defendants in insider trading cases — as well as the two defendants whose convictions had been reversed — by denying U.S. Attorney Preet Bharara’s...more

4/7/2015 - Appeals En Banc Review Fund Managers Hedge Funds Illegal Tipping Insider Trading Personal Benefit Petition For Rehearing US v Newman

SEC Brings Enforcement Proceeding Relating to Confidentiality Agreements That May Stifle Whistleblowers

After repeated public statements warning companies that might seek to stifle whistleblowers, the U.S. Securities and Exchange Commission (SEC) has brought its first enforcement action relating to language in confidentiality...more

4/3/2015 - Confidentiality Agreements Contract Terms Enforcement Actions KBR (formerly Kellogg Brown & Root) SEC Whistleblower Protection Policies Whistleblowers

Government's Health Care Fraud "Cash Cow" Keeps Mooing [Video]

The U.S. government has changed up its approach to criminal health care fraud prosecutions, joining forces with fiscal intermediaries on the civil side to ramp up investigations, and this new tactic has proven to be a cash...more

2/10/2015 - Criminal Prosecution Enforcement Actions Healthcare Healthcare Fraud

Alstom’s FCPA Guilty Plea and Fine of $772 Million Offer Compelling Lessons

The December 23, 2014, announcement by the U.S. Department of Justice (DOJ) that Alstom, S.A., a French power and transportation company, pled guilty to two Foreign Corrupt Practices Act (FCPA) charges and agreed to pay $772...more

12/30/2014 - Accounting Controls Alstom Bribery C-Suite Executives Corporate Counsel Corporate Criminal Fines Criminal Prosecution Deferred Prosecution Agreements DOJ Enforcement Actions FCPA Indictments Subsidiaries

Knowledge of Benefit Required to Convict Insider Trading Tippees

In its important ruling on what the government must prove in a criminal insider trading prosecution, the Second Circuit reversed the convictions of two portfolio managers — throwing out their cases completely, with no new...more

12/15/2014 - Dell Hedge Funds Illegal Tipping Insider Trading Material Nonpublic Information Nvidia Personal Benefit Portfolio Managers Rule 10b-5 Securities Securities Fraud US v Newman

Recent Decision Underscores Need for Involvement of Counsel in Internal Investigations

A recent federal court decision raises concerns about the ability of companies to maintain privilege over materials generated in connection with internal investigations. The case, United States ex rel. Barko v. Halliburton...more

4/29/2014 - Corporate Counsel Halliburton Internal Investigations Investigations Qui Tam

U.S. Supreme Court: Silence Admissible

When faced with questions from a government investigator, a person’s silence can now be used in a criminal trial against the person who was questioned and declined to provide an answer....more

7/22/2013 - Admissibility Criminal Prosecution Evidence Jury Trial SCOTUS

Appeals Court Restricts Dodd-Frank Whistleblower Protections

In the first opinion on the subject by an appellate court, the U.S. Court of Appeals for the Fifth Circuit ruled in Asadi v. G.E. Energy (USA), LLC, No. 12-20522 (5th Cir. July 17, 2013), that Dodd-Frank’s protections against...more

7/19/2013 - Dodd-Frank Retaliation SEC Whistleblower Protection Policies Whistleblowers

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