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DOJ Criminal Division Renews Efforts to Investigate Whistleblower Allegations

The Department of Justice (DOJ) has signaled a heightened effort to bring criminal prosecutors into the loop regarding False Claims Act referrals and other whistleblower complaints. In recent remarks at a conference comprised...more

This Hobby Lobby Proposal Is Much Mistaken

Suzanne Weakley, editor-in-chief of the CEB Business Law Practitioner, recently called my attention to this letter from six professors at U.C. Berkeley (Robert P. Bartlett III, Richard Buxbaum, Stavros Gadinis, Justin...more

HEAL Advisory: Whistleblowers Rewarded Again by SEC and the Judiciary

On August 29, 2014, two whistleblower developments of particular interest to health care and life science entities emerged from the Securities and Exchange Commission ("SEC") and the Eighth Circuit Court of Appeals,...more

Washington Court of Appeals Expands "Jeopardy" Element of Claim for Wrongful Discharge in Violation of Public Policy

This month the Washington State Court of Appeals, Division III issued a ruling in Becker v. Community Health Systems, Inc. that expands protections in a wrongful termination action based on violation of a public policy....more

A Review of the Supreme Court’s 2013-2014 Term

The United States Supreme Court concluded its 2013-2014 term by issuing decisions in several highly publicized employment and employee benefits cases during the Court’s final scheduled sessions, including Noel Canning,...more

Benefits Litigation Update - Summer 2014

In this issue: - Recent Supreme Court Decisions Revise Rules for Stock Drop Cases - Hobby Lobby and the Questions Left Unanswered - Post-Amara Landscape Continues to Evolve - Supreme Court to...more

The ERISA Litigation Newsletter - July 2014

Editor's Overview - The end of the U.S. Supreme Court's term brought two significant ERISA decisions. The first concerns the standard of review that courts apply when evaluating ERISA stock-drop claims. As discussed...more

Monthly Benefits Update

In Burwell v. Hobby Lobby, the Supreme Court held that regulations under the Affordable Care Act that require employer group health plans to provide contraceptive coverage violate the Religious Freedom Restoration Act (RFRA)....more

Employee Benefits Developments - June 2014

In This Issue: - Rulings, Opinions, Etc. ..Validating Rollover Contributions: New Guidance - Case ..Stock Drop Case Development: The Supreme Court Rejects The Presumption Of Prudence ..Dividend...more

Monthly Benefits Update - February 2014

Health & Welfare Plans - Health Care Reform: IRS Issues Final ACA “Pay or Play” Regulations - The IRS issued final regulations regarding the employer shared responsibility provisions under the Affordable Care...more

Omnicare Decision Limits the Reach of False Claims Act

A recent decision by the Court of Appeals for the Fourth Circuit limiting the reach of the False Claims Act demonstrates how relators who pursue cases in which the government declines to intervene can end up making law that...more

The Treasury Department and the IRS Implement Windsor and Adopt “State of Celebration” Rule: Compensation and Benefits...

On August 29, 2013, the Treasury Department and the IRS issued Revenue Ruling 2013-17 (“Rev. Rul. 2013-17”) and updated Answers to Frequently Asked Questions for Individuals of the Same Sex Who Are Married Under State Law...more

The ERISA Litigation Newsletter - August 2013

In this month's newsletter we address ten important issues to consider when drafting and amending a summary plan description. ...more

Employment Law -- Jun 19, 2013

Exempt or Nonexempt, That is The Question - Employers who believe in multitasking could be facing unpaid overtime suits from managers after the California Court of Appeal ruled that a grocery store manager could not...more

Introducing the "Compliance Corner"

Several governmental agencies, including the Internal Revenue Service (IRS), Department of Labor (DOL), Securities and Exchange Commission (SEC) and Department of Health and Human Services (HHS), have stepped up their audit...more

Whistleblower Retaliation Claims — Are You Prepared?

Publicity about whistleblower claims and recoveries continues to grab headlines. The recent confession by Lance Armstrong highlighted the blood doping allegations behind his seven Tour de France titles and on the...more

Legal Update - March 2012

In This Issue: - SEC Issues Final Rules to Implement Changes in Accredited Investor Definition - Florida Legislature Enacts Last-Minute Extension of the Distressed Condominium Relief Act - Agencies Issue Final Rule...more

Recent SEC Guidance and Upcoming Amendments to California and Illinois Statutes Affect Data Breach Disclosure Obligations

Recognizing that business entities now conduct a majority of their operations with the assistance of electronic programs and databases, and that a significant amount of business and personal information may be stored...more

IRS Issues Guidance on the Deduction Limitation of Code Section 162(m)(6)

On December 23, 2010, the Internal Revenue Service issued Notice 2011-2, providing long-awaited guidance on the application of Internal Revenue Code (Code) section 162(m)(6) as added by the Patient Protection and Affordable...more

“Whistleblowing Under the Dodd-Frank Act”

The Dodd-Frank Act includes new and expanded whistleblower protections as well as bounty hunter provisions that are designed to increase the referrals of larger fraud actions by incentivizing employees, contractors, and many...more

Corporate and Financial Weekly Digest - April 23, 2010

In this issue: SEC/CORPORATE *NASDAQ Amends Global Select Market Initial Listing Requirements BROKER DEALER *FINRA Issues Guidance Regarding Private Placement Obligations FINANCIAL MARKETS *Senate Committee Approves...more

Employment Law Commentary - Volume 24, No. 13 - January 2011

In 2010, Congress enacted landmark federal legislation aimed at reforming the health care and financial sectors. Both the Patient Protection and Affordable Care Act of 20102 and the Dodd-Frank Wall Street Reform and Consumer...more

Fenwick Employment Brief - November 17, 2009

IN THIS ISSUE: *Forfeiture of Restricted Stock Prior to Vesting Not Violative of California Labor Code *New FMLA Leave Entitlements *Newsbites ..Ninth Circuit Approves Shifting Base Pay Rates Based On...more

Legal Alert: IRS Provides Guidance On HSA Contributions

The IRS recently issued two notices affecting Health Savings Accounts (HSAs): Notice 2008-51 provides procedures for carrying out a qualified HSA funding distribution from certain types of IRA accounts; Notice 2008-52...more

The IRS Whistleblower Program: Updated Summary for Lawyers with Potential Tax Whistleblower Claims

A detailed description of the country's major "whistleblower" law, the False Claims Act and its "qui tam" provisions, which allow private citizens to report fraud against the government and share in the government's recovery...more

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