News & Analysis as of

Fraud Employer Liability Issues

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Bricker Graydon LLP

Landmark Ruling Redefines Whistleblower Protection Under Sarbanes-Oxley Act

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On February 8, 2024, the United States Supreme Court released a unanimous opinion confirming that a whistleblower does not need to show their employer’s actions were made with “retaliatory intent” to be protected under the...more

DarrowEverett LLP

The Brass Tacks: IRS Creates Process for Withdrawing ERC Claims

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The Internal Revenue Service (“IRS”) recently granted employers a means to avoid interest and penalties on inappropriately taken Employee Retention Tax Credit (“ERC”) claims. This surely will come as a relief to taxpayers who...more

Littler

Ontario, Canada Appeal Court Upholds Refusal to Impose Constructive Trust Over Proceeds of Sale of Property Owned by Defrauding...

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A recent Ontario Court of Appeal (OCA) decision demonstrates the process an employer may be expected to undertake to recover employee-stolen funds when the proceeds of the fraud are traced to the assets of a “stranger to the...more

Bond Schoeneck & King PLLC

NY Employers Face Expanded Liability for Negligent Supervision

Can a New York employer be held liable for economic losses suffered by a party that has no business relationship with the employer based on an employee’s unauthorized fraudulent scheming? This issue was recently presented to...more

Weber Gallagher Simpson Stapleton Fires &...

Detecting Fraud in New Jersey Workers' Compensation

Join us for this episode where our partners Vanessa Mendelewski and Scott Wilson delve into an informative discussion about detecting fraud in New Jersey Workers' Compensation claims. Vanessa and Scott break down the New...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Eases the Ability for Employers to Appeal Denials of Motions to Compel Arbitration in Federal Court

In Coinbase, Inc. v. Bielski, the Supreme Court of the United States resolved a circuit split over whether district courts must stay proceedings while an interlocutory appeal of a denial of a motion to compel arbitration is...more

Goldberg Segalla

Fraud Doesn't Pay in New York - May 2023 Update

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An Overview of Recent Decisions, Demonstrating the Board’s Continuing Attitude Toward 114-a - Key Takeaways - WCL 114-a gives the Board authority to disqualify a claimant from receipt of lost time benefits, “[i]f for...more

McDermott Will & Emery

Fristlose Kündigung wegen Kaffepause – Arbeitszeitbetrug als schwerwiegende Pflichtverletzung

McDermott Will & Emery on

Nachdem die Pflicht zur Arbeitszeiterfassung bestimmt worden ist, werden sich Arbeitgeber zukünftig womöglich vermehrt dem Problem des Arbeitszeitbetrugs und des Missbrauchs von Zeiterfassungssystemen stellen müssen. Mit...more

Woodruff Sawyer

Workers’ Compensation Investigations: The Why, When, and How

Woodruff Sawyer on

Workers’ compensation claims are costly and can drag on for years. The average cost of a lost time claim (indemnity and medical only) in California has increased from $54,712 in 2018 to $58,843 in 2021, according to the...more

Goldberg Segalla

Fraud Doesn't Pay In New York – February 2023 Update

Goldberg Segalla on

Another Overview of Recent Decisions, Demonstrating the Board’s Continuing Attitude Toward 114-a. Key Takeaways: WCL 114-a provides the board with the authority to disqualify a claimant from receipt of lost time...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Never let anyone assume you’re embezzling

I know two retirement plan providers in Federal prison for embezzling retirement plan assets. They did the crime, they are doing the time. However, there are times when people haven’t embezzled, but they have done enough...more

Goldberg Segalla

Fraud Doesn't Pay in New York: November 2022 Update

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As a part of our Quarterly Practice Group Update, we are pleased to produce our fifth installment highlighting examples of our continued success in the area of fraud litigation. This publication began as a one-time update;...more

Locke Lord LLP

Whistleblower Retaliation Claims for Alleged PPP Loan Fraud

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After numerous headlines, press releases, and law enforcement efforts, including the Department of Justice’s new COVID-19 Fraud Strike Force teams, there may be increased traffic at the intersection between allegations of PPP...more

J.S. Held

The Role of Forensic Accountants in Measuring and Detecting Fraud in Employee Loss Claims

J.S. Held on

Insurance claims for employee losses are generally examined by insurance carriers. The carrier will often retain a forensic accountant who has the ability to measure employee losses. Employee losses are typically categorized...more

Bass, Berry & Sims PLC

Third Circuit Upholds Firing of Whistleblower Accused of Harassment by Oinking

On August 26, the U.S. Court of Appeals for the Third Circuit issued an order reaffirming that potential False Claims Act (FCA) whistleblowers are not immune from being fired for workplace misconduct, especially where that...more

Foley Hoag LLP - White Collar Law &...

First Circuit Narrows Whistleblower Protections of Sarbanes-Oxley

On July 13, 2022, the United States Court of Appeals for the First Circuit ruled that the whistleblower protections contained in Section 806 of the Sarbanes-Oxley Act (SOX) do not apply to employees who report potential...more

Bass, Berry & Sims PLC

Anti-Retaliation under the False Claims Act

The False Claims Act encourages whistleblowers to come forward when they suspect their employer is committing fraud. This post provides a general overview of the False Claims Act’s anti-retaliation provision, which protects...more

Bass, Berry & Sims PLC

What Does the DOJ’s New Civil Cyber-Fraud Initiative Mean for You?

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As discussed in a previous post, the Department of Justice (DOJ) has announced a new Civil Cyber-Fraud Initiative to utilize one of the strongest tools in its toolbox—the False Claims Act—to hold entities receiving federal...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – September 2021

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LITIGATION & DISPUTE RESOLUTION - Watch Your Step: Avoiding False Claims Act Violations from Limitations in Subcontracting and Performance of Work Requirements - Members of the government contracting community are...more

Foley & Lardner LLP

Employee charged with COVID relief fraud? Questions for GCs

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The United States Department of Justice (DOJ) already has publicly charged almost 500 defendants with criminal offenses based on fraud schemes connected to the COVID-19 pandemic. Unfortunately, these prosecutions can have...more

Locke Lord LLP

Fraudulent Unemployment Claims? Steps to Take to Resolve

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More than six million unemployment claims have been filed in Texas since the start of the COVID-19 pandemic. Unfortunately, the significant number of claims has also created an opportunity for fraudsters to try to sneak under...more

White & Case LLP

Rishi Rushes to Recoup Furlough Fraud Losses: The Taxpayer Protection Taskforce

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A year since the introduction of the Coronavirus Job Retention Scheme, or the 'furlough scheme' as it is more commonly known, the extent of fraud associated with the government assistance programme has started to become...more

White & Case LLP

"Cheque, please" – Is the cost of fraudulent furlough scheme applications starting to emerge?

White & Case LLP on

The UK furlough scheme, rolled out in haste earlier this year, has been a lifesaver for many businesses and households that have used the scheme to stay afloat. The furlough scheme has so far cost the UK in excess of £35...more

Cozen O'Connor

Expect an Uptick in Employee Embezzlement Following COVID-19 Lockdowns

Cozen O'Connor on

As businesses across the country begin to reopen in the wake of COVID-19, they should prepare for an anticipated surge of embezzlement schemes by employees — and banks and financial institutions should prepare for a surge of...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends, Issue 12

This 12th edition of Unprecedented, our weekly update on COVID-19-related litigation brings new developments in labor and employment cases, consumer protection cases, and civil rights litigation. Price gouging and fraud for...more

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