In This Issue:
- SEC at odds with Siemens over whether whistleblower protections extend to employees who report wrongdoing directly to their companies
- Fourth Circuit decision tolling False Claims Act statute of limitations leaves government contractors vulnerable to whistleblower claims
- Government seeks to limit First Amendment application to False Claims Act under Caronia
- Excerpt from SEC at odds with Siemens over whether whistleblower protections extend to employees who report wrongdoing directly to their companies:
The U.S. Securities and Exchange Commission (“SEC”) is seeking to expand the definition of a corporate whistleblower to protect employees who report company wrongdoing through internal compliance programs.
The move comes in the form of an amicus brief filed by the SEC in the Siemens China Ltd. case. Brief for the Securities and Exchange Commission as Amicus Curiae Supporting Appellant, Meng-Lin Liu v. Siemens, A.G., 2014 WL 663875 (2d Cir. Feb. 20, 2014) (No. 13-4385). In this case, the company terminated a former compliance officer after he reported alleged compliance issues internally, and the employee only then reported the possible Foreign Corrupt Practices Act (“FCPA”) violations to the SEC. The employee subsequently brought an action in the U.S. District Court for the Southern District of New York against Siemens under the Anti-Retaliation Provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act claiming the illegal retaliation.
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