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Second Circuit: No Dodd-Frank Protections for Whistleblowers Overseas

The U.S. Second Circuit Court of Appeals made an important ruling in August, deciding that the whistleblower protections in the 2010 Dodd-Frank Act do not cover individuals who work for companies located outside the United...more

10/1/2014 - Adverse Employment Action Appeals Dodd-Frank Foreign Corporations Foreign Nationals Jurisdiction Siemens Whistleblower Protection Policies Whistleblowers

Debate Rages On About Edward Snowden: Whistleblower or Traitor?

The case of Edward Snowden has been highly debated for much of the past year. To give an idea of just how complicated the situation is, there are 21 different federal laws in existence that protect workers that act as...more

9/23/2014 - Edward Snowden Employer Liability Issues National Security Whistleblowers

D.C. Circuit Court Expands Privilege in Internal Corporate Investigations

There are numerous federal regulations requiring investigations into possible fraud, related to both mandatory disclosure and simply performing some fact gathering while seeking legal advice. The U.S. Court of Appeals for the...more

9/23/2014 - Appeals Attorney-Client Privilege Disclosure Requirements False Claims Act Internal Investigations Kellogg Brown & Root

Sixth Circuit Rules FedEx Failed to Properly Explain FMLA to Employee

The Sixth Circuit Court recently affirmed a jury verdict in favor of an employee in a major Family and Medical Leave Act (FMLA) interference claim. According to the decision, FedEx was liable for failing to provide the...more

9/23/2014 - Employee Rights Employer Liability Issues FedEx FMLA Medical Certification Requests Popular

Two Whistleblower Cases Show Major Contrast of How Cases Can Result

A couple of recent whistleblower cases that have received national attention show the large divide that still exists in the way that these cases can progress. The first case saw the SEC award a whistleblower $400,000 for...more

9/19/2014 - Compliance Enforcement Enforcement Actions SEC Whistleblower Awards Whistleblowers

What Does Delaware’s Wal-Mart Decision Mean for Attorney-Client Privilege and Internal Investigations?

The Delaware Supreme Court recently came to a decision in Wal-Mart Stores Inc. v. Indiana Electrical Workers Pension Trust Fund IBEW to uphold the order given by the Delaware Court of Chancery to require Wal-Mart to give the...more

9/18/2014 - Attorney-Client Privilege Internal Investigations Investigations Shareholders Wal-Mart

Religious Exemptions for Employees

President Barack Obama recently signed an executive order that bans federal contractors from discriminating against the sexual orientation or gender identity of its employees. This order does not include a religious...more

9/16/2014 - Barack Obama Employer Liability Issues Executive Orders Federal Contractors Hobby Lobby Religious Discrimination

Lessons from Recent NLRB Actions

The National Labor Relations Board (NLRB) Office of the General Counsel recently investigated allegations against various McDonald’s franchises and its franchisor, McDonald’s, USA, LLC. The charges were that the company...more

9/12/2014 - Employer Liability Issues Franchises Franchisors McDonalds NLRB

About the Proposed “Retail Workers Bill of Rights”

A San Francisco proposal passed by the Board of Supervisors could implement a “Retail Workers Bill of Rights,” aimed at changing labor standards and pay practices for hourly employees. This piece of legislation would force...more

9/9/2014 - Employer Liability Issues Retailers San Francisco Wage and Hour

VA Whistleblower in Phoenix Punished for Alerting Authorities

In 2010, Paula Pedene helped reveal a scandal in the Phoenix Veterans Affair Hospital revolving around mismanagement that ultimately led to the hospital being $11.4 million short in its budget. Now, it’s being reported that...more

9/5/2014 - Department of Veterans Affairs Hospitals Veterans Whistleblowers

Apple the Subject of a Class Action Lawsuit About Break Periods

A California state court granted class action status to a case with claims alleging that Apple failed to give its employees sufficient breaks for meals and rests, occasionally disallowing breaks completely. Nearly 21,000...more

9/2/2014 - Apple Class Action Class Certification Employer Liability Issues Rest and Meal Break Wage and Hour

LinkedIn Pays Nearly $6 Million After US Labor Department Investigation

After being investigated by the US Labor Department for violations of the Fair Labor Standards Act, LinkedIn has been forced to pay out nearly $6 million in damages and unpaid overtime to 359 employees....more

8/29/2014 - Damages DOL Employer Liability Issues FLSA LinkedIn Popular Unpaid Overtime Wage and Hour

Are More SEC Protections on the Way for Whistleblowers?

A pro-whistleblower coalition comprising organizations including the Government Accountability Project, the Project on Government Oversight and more is in the news for pressuring the Securities and Exchange Commission (SEC)...more

8/26/2014 - Compliance SEC Whistleblower Protection Policies Whistleblowers

Whistleblower Receives More Than $17 Million in Omnicare Case

A decision has been made in the case against Omnicare, Inc. that will net a former Omnicare pharmacist more than $17.2 million in the ensuing settlement. The settlement with the Department of Justice orders Omnicare,...more

8/22/2014 - Anti-Kickback Statute DOJ False Claims Act Medicaid Medicare Omnicare Popular Settlement Whistleblower Awards Whistleblowers

SCOTUS Affirms Right to Blow Your Whistle in Public Sector

There has long been tension in the public sector regarding an employee’s duties as an agent of the state and his or her right as an individual to freedom of speech. In a decision handed down in June of 2014, the United States...more

8/19/2014 - First Amendment Lane v Franks Protected Activity Public Employees SCOTUS Testimony Trials Whistleblowers

A Brief History of the False Claims Act

The False Claims Act (FCA) is one of many federal enactments that could be characterized as a whistleblower law. In fact, it is also one of the oldest and most well-known. The False Claims Act has existed statutorily...more

8/15/2014 - False Claims Act Legal History Whistleblowers

Supreme Court to Take Up Kellogg Brown & Root Whistleblower Case

It’s impossible to understate the importance of strict adherence to procedure when initiating a qui tam action under the False Claims Act. Unfortunately under our legal system, otherwise meritorious claims can often be...more

8/12/2014 - Attorney-Client Privilege Compliance False Claims Act Federal Contractors Halliburton Internal Investigations Kellogg Brown & Root Qui Tam SCOTUS Statute of Limitations Work-Product Doctrine WSLA

Illinois Municipality Concludes Probe on Hostile Work Environment

Blowing the whistle does not always need to involve fraud and malfeasance. Sometimes a culture of apathy allows a hostile work environment to develop that can only be addressed with outside intervention. Employees and...more

8/8/2014 - Discrimination Employer Liability Issues Harassment Hostile Environment Internal Investigations Municipalities Whistleblowers

Public Sector Secrecy Rules Could Violate Federal Whistleblower Laws

Whistleblower laws are intended to discourage corruption by granting legal protection and sometimes even financial incentives to employees who report corruption and other violations. However, these laws can sometimes be at...more

8/5/2014 - Conflicts of Laws Contractors Employer Liability Issues False Claims Act Federal Contractors Security Subcontractors Trade Secrets Whistleblowers

SEC Rulings Remind Whistleblowers of the Importance of Procedure

Proper procedures are of the utmost importance for whistleblowers seeking to gain legal protections and financial rewards for their disclosures. The mere fact that you provided information that saved the government millions...more

8/1/2014 - Compliance SEC Whistleblower Protection Policies Whistleblowers

DC Circuit Maintains Protections for Internal Investigations

Many of the privileges the law recognizes against the compelled disclosure of information exist in order to promote candor. For instance, attorney-client privilege exists because people must be able to remain open and honest...more

7/29/2014 - Attorney-Client Privilege False Claims Act Internal Investigations Kellogg Brown & Root Work-Product Doctrine

Supreme Court Poised to Hear TSA Whistleblower Case

The Transportation Safety Administration (TSA) plays a crucial role in our national safety infrastructure. Yet the agency has been subjected to significant criticism — and even been the butt of jokes — for the last several...more

7/25/2014 - DHS SCOTUS Transportation Security Administration Whistleblowers

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

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