Latest Publications


Food Safety Whistleblower Regulations on the Way

Otto von Bismarck once said, “Laws are like sausages, it is better not to see them being made.” Fortunately, the government that makes the laws does want to see the sausage being made and, as such, has instituted new...more

7/22/2014 - DOL Employer Liability Issues FDCA Food Manufacturers Food Safety FSMA Manufacturers New Regulations OSHA Retaliation Whistleblowers

Texas Medicaid Fraud Recovery Passes $400 Million Thanks to Whistleblowers

Operated jointly by federal and state agencies, Medicaid is one of the largest and most complex governmental undertakings in the United States. Not surprisingly, it also provides a breeding ground for fraud, primarily from...more

7/18/2014 - Fraud Health Care Providers Healthcare Healthcare Fraud Medicaid Whistleblowers

Shady Record Keeping Not Just in the VA

The nation was recently stunned by the revelation that Department of Veterans Affairs administrators were manipulating dates on records to conceal the unreasonable wait times veterans seeking medical care were forced to...more

7/15/2014 - Department of Veterans Affairs Recordkeeping Requirements Veterans Veterans' Benefits

Internal Revenue Service Reveals 2013 Whistleblower Figures

“In this world nothing can be said to be certain, except death and taxes.” In the more than two centuries since Benjamin Franklin expressed those words, taxes have become perhaps even more of a certainty. The Internal Revenue...more

7/14/2014 - IRS Whistleblower Awards Whistleblowers

New Whistleblower Provisions Under the Affordable Care Act

A great deal of controversy and media attention has certainly surrounded the Affordable Care Act (ACA), both before and after its passage. However, little if any of that attention concerned the whistleblower provisions...more

7/8/2014 - Affordable Care Act Employer Liability Issues Healthcare Whistleblower Protection Policies Whistleblowers

Supreme Court Extends SOX Whistleblower Protection to Contractors

The Reverend Martin Luther King, Jr. once said, “Darkness cannot drive out darkness; only light can do that.” Following a rash of financial calamities largely caused by risky and illegal conduct within publicly traded...more

7/7/2014 - Contractors Lawson Lawson v FMR Publicly-Traded Companies Retaliation Sarbanes-Oxley Subcontractors Whistleblowers

Mediating with Whistleblowers Who Have Suffered Retaliation

Winston Churchill once said, “Courage is what it takes to stand up and speak. Courage is also what it takes to sit down and listen.” Whistleblowers take it upon themselves to stand up and speak when they believe something is...more

7/1/2014 - Adverse Employment Action Chief Compliance Officers Employer Liability Issues Hiring & Firing Mediation Retaliation Whistleblowers

Whistleblower Retaliation at the Department of Veterans Affairs

The Department of Veterans Affairs has been assaulted from all sides in light of recent revelations regarding the quality of care and administration cover-ups. With the alleged misconduct so pervasive, it may seem surprising...more

6/27/2014 - Department of Veterans Affairs Retaliation Veterans Administration Whistleblowers

Ethical Challenges Lawyers Face Under Sarbanes-Oxley

Deciding to report internal misconduct can be difficult for any employee or officer of an organization. For members of the legal profession, however, the decision can easily conflict with their ethical obligations. Lawyers...more

6/24/2014 - Ethics Sarbanes-Oxley Whistleblowers

What Happens When You Blow the Whistle and Everyone Ignores You?

If a tree falls in the forest and nobody is around to hear, does it make a sound? The answer to this quantum theory question depends on the interpretation of perception and reality. Whistleblower Harry Markopolos must have...more

6/20/2014 - SEC Whistleblowers

CFTC Starts Flexing Muscle in New Whistleblower Program

Although it has been nearly four years since the passage of the massive Dodd-Frank Wall Street Reform and Consumer Protection Act, changes to the Act and the myriad of regulations that support it are common. New programs...more

6/17/2014 - CFTC Dodd-Frank Enforcement Actions Popular Whistleblower Protection Policies Whistleblowers

OSHA Supports Drivers Who Refuse to Violate the Law

Hours of service (HOS) regulations are intended to prevent truck drivers from driving while they are dangerously tired. Other Federal Motor Carrier Safety Administration (FMCSA) rules require sick leave for ill drivers and...more

6/16/2014 - Commercial Truck Drivers Duty Hours Employer Liability Issues FMCSA OSHA Trucking Accident Trucking Industry

For Wall Street Fraudsters, Business As Usual

John F. Kennedy once quoted Dante: “The hottest places in hell are reserved for those who, in times of great moral crisis, maintain their neutrality.” Unfortunately, on Wall Street, maintaining neutrality — or feigned...more

6/10/2014 - Audits Banks Chief Compliance Officers Compliance Dodd-Frank DOJ Financial Companies Investigations Retaliation SEC Wall Street Whistleblowers

2014: A Big Year in Whistleblower Laws

The Securities and Exchange Commission (SEC) began the whistleblower program on July 21, 2010 to incentivize people to come forward with information about financial wrongdoing. Under the program, a whistleblower is entitled...more

6/5/2014 - Anti-Retaliation Provisions Dodd-Frank FCA SEC Whistleblower Protection Enhancement Act Whistleblower Protection Policies Whistleblowers

Whistleblowers Could be the First Responders Against Fraud

We knows who the first responders are. When a student opened fire at a Nevada middle school on Monday morning, October 21, 2013, teacher Michael Landsberry sacrificed his life to protect the children in the school. Teacher...more

5/12/2014 - False Claims Act IRS Qui Tam Relators Tax Fraud Whistleblowers

Whistleblowing the NCAA into Compliance

Mike McQueary was living his dream. A Pennsylvania State College kid who quarterbacked the Penn State University Nittany Lions, McQuery had climbed the ranks from Coach Joe Paterno's graduate assistant to Penn State's...more

5/7/2014 - NCAA Retaliation Universities Whistleblowers

The U.S. Whistleblower Laws You’ve Never Heard About

By now, you have probably heard about the False Claims Act, the Dodd-Frank Act and the Sarbanes-Oxley Act of 2002. Depending on your field, you may be aware of the Internal Revenue Service (IRS) Whistleblower Law, which gives...more

4/30/2014 - Dodd-Frank False Claims Act Fraud IRS Sarbanes-Oxley Trucking Industry Whistleblowers

Time to Hand-Out Whistles in America’s Schools

The New York Times recently published a story detailing 14 cases of New York City high school teachers and principals who aided students cheating on tests. The City's special commissioner investigating the schools...more

4/28/2014 - Public Schools Whistleblower Protection Policies

Another Texas Whistleblower is Dismissed

The Supreme Court of Texas recently dismissed another whistleblower case with a narrow reading of Texas Whistleblower Act (TWA) requirements. Although the TWA offers significant protections to a tipster reporting malfeasance,...more

4/23/2014 - Adverse Employment Action School Districts Whistleblowers

Church Whistleblower Regrets not Having Blown Her Whistle Stronger

Jennifer Haselberger calls the Catholic Church her home. Two relatives went into religious life. Haselberger was a canon lawyer for the archdiocese until she could no longer tolerate her warnings of sexual abuse being ignored...more

4/21/2014 - Catholic Church Sexual Abuse Whistleblowers

Ag-gag v. Whistleblowing

On February 8, 2013, Amy Meyer went to the Dale Smith Meatpacking Company in Draper City, Utah to see where her meat comes from. She peeked through the barbed wire fence and saw a sick cow being treated like rubble. She...more

4/16/2014 - Farms Whistleblower Protection Policies Whistleblowers

ATF Special Agent’s Whistleblowing Creates a First Amendment Showdown

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) special Agent John Dodson is bringing together strange bedfellows — liberal groups like the American Civil Liberties Union (ACLU) and conservatives in Congress....more

4/14/2014 - ACLU ATF Conservatives First Amendment Whistleblowers

Was Richard Bowen’s Whistle Stuffed?

Five years have passed since Lehman Brothers' bankruptcy. Richard M. Bowen III, a former Citigroup executive who blew the whistle on their bad business practices, provided 1000 pages of documents to the Securities and...more

4/9/2014 - Commercial Bankruptcy FCIC Lehman Brothers SEC Whistleblowers

Whistleblowing in Afghanistan Allegedly Elicits Retaliatory Response

The U.S. District Court for the Eastern District of Virginia ruled in September 2013 that Mike Elder proffered sufficient evidence to continue with his False Claims Act action against DRS Technologies, Inc. (DRS)....more

4/4/2014 - False Claims Act Middle East Retaliation Whistleblowers

SEC Whistleblower Program Gets Blowing

The Securities and Exchange Commission (SEC) announced August 20, 2013 that it awarded more than $25,000 in total to three whistleblowers. The SEC reports that this payment was the first installment in a series that is...more

4/2/2014 - SEC Whistleblowers

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