Whistleblowers

News & Analysis as of

Think High Stakes Whistleblowing is Just a U.S. Phenomenon? Think Again.

Today the SEC announced that it will pay $30 million to a whistleblower in the largest award ever doled out by the agency. This news is monumental and will send shock waves around the financial world—along with gut...more

Hospital Operator Pays $98 Million to Settle False Claims Act Lawsuits

A large operator of acute-care hospitals reached a settlement with the U.S. Department of Justice (DOJ) to resolve multiple whistleblower lawsuits, which alleged the company knowingly defrauded government healthcare systems...more

AHA Files Joint Amicus Brief in Supreme Court FCA Case

The American Hospital Association (AHA) recently filed a joint amicus curiae brief with several other associations, including the American Medical Association and the Pharmaceutical Research and Manufacturers of America,...more

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

Shootin’ Blanks: Tennessee Appeals Court Dismisses Officer’s Whistleblower Suit Over Live Ammo’s (Almost) Use

Reminder to Tennessee whistleblowers and employers: a Tennessee Public Protection Act (“TPPA”) suit only works if the purported whistleblower has a reasonable belief that what occurred was actually illegal. To prevail...more

False Claims Act Update

New Criminal Division Review Process for Qui Tam Complaints Expands Main Justice Involvement and Threatens Greater Criminal Exposure in Whistleblower Investigations. The Assistant Attorney General for the Criminal...more

OSHA’s Whistleblower Protection Advisory Committee Discusses Planning, New Initiatives

OSHA’s Whistleblower Protection Advisory Committee (“WPAC”) met on September 3-4, 2014. David Michaels, Assistant Secretary of Labor, OSHA, addressed the Committee and discussed recent results and initiatives of OSHA’s...more

Larger Rewards For Wall Street Whistleblowers May Be On The Horizon

As reported by the Wall Street Journal, the Obama administration will seek to remove the $1.6 million cap on rewards to whistleblowers who provide evidence of criminal conduct by financial executives under the 1989 Financial...more

Here's why Whistleblowing should be on your priority list

The G20 Say... "Priority number one: whistleblowing" - Whistleblower protection laws have been in place for over two decades in some countries. But it's only recently that affective laws and procedures have begun to be...more

Eighth Circuit Revives Whistleblower Action by Scorned Planned Parenthood Manager

The last time we heard about Susan Thayer’s whistleblower suit against Planned Parenthood, a federal district court in Iowa had thrown it out because she hadn’t provided any specific examples of fraud and therefore had failed...more

Investment Management Legal + Regulatory Update -- September 2014

In This Issue: - Regulation: Long-Awaited Money Market Fund Rules Adopted - SEC Staff Offers Guidance Regarding Investment Advisers and Proxy Advisory Firms - SEC Staff Closes Loophole on BDC Asset...more

Whistleblower Hotline Providers Can Even Save Lives

My mom and dad both have jobs in medicine, so I am some what familiar with how doctors, nurses, and specialists run their practice. My mom works with cancer patients so when I came across this rather shocking article about a...more

Four steps to manage your whistleblower complaints

How do you manage your whistleblower complaints? Getting employees to speak up when they see signs of wrongdoing is hard. Many employees struggle with initially "taking the plunge" (because that's how it may feel) for...more

Dodd-Frank Splits Courts on Granting Whistleblower Protections

As more claimants take advantage of the U.S. Securities and Exchange Commission's (SEC) whistleblower program created under the Dodd-Frank Act of 2010, courts have increasingly been called upon to decipher the law's...more

New Jersey Federal Court Allows “Self-Help” Counterclaims Against Potential FCA Whistleblowers To Proceed

Last week, a New Jersey federal court allowed medical device maker Boston Scientific Neuromodulation Corp. (“Boston Scientific”) to proceed with counterclaims against two of its former employees for violating their contracts...more

Medical Device Manufacturer Settles Trade Agreements Act Suit

A whistleblower alleged that the manufacturer knowingly violated the Trade Agreements Act’s country of origin requirement. Government contractors must agree that the products they sell to the U.S. government under...more

Countering a New Threat from the False Claims Act

For companies in certain business sectors, such as defense contracting and health care, insider-whistleblower lawsuits under the U.S. False Claims Act are a familiar threat. But Pillsbury client Victaulic, the world’s leading...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

Eighth Circuit Rules Certain FCA Whistleblowers Are Not Required To Identify Specific Examples of Fraud Under Rule 9(b)

On August 29, 2014, the Eighth Circuit ruled that False Claims Act (FCA) whistleblowers with knowledge of employer billing practices are not necessarily required to identify specific examples of fraud to survive a Rule 9(b)...more

Whistleblower Hotline: Internal vs. Outsourced

There's a lot to consider when getting ready to launch a whistleblower system. What policies and codes need to be developed to support the system? What types of reporting do you need? How do you measure success? And of...more

Court Denies Extraterritorial Application of the Dodd-Frank Act's Whistleblowing Provisions

On August 14, 2014, in Liu Meng-Lin v. Siemens AG, a three-judge panel of the United States Court of Appeals for the Second Circuit unanimously held that the whistleblowing provision of the 2010 Dodd-Frank Wall Street Reform...more

Is China More Harsh on Whistleblowers than Fraudsters?

37-year-old Kun Huang, a Chinese-Canadian citizen, is finally returning to his home in Vancouver after spending the past two years in a Chinese jail. During his time there, he was briefly released on bail, but quickly...more

OSHA To Refer Untimely Whistleblower Complaints to the NLRB

Whistleblower complaints filed under Section 11(c) of the Occupational Safety and Health Act (OSH Act) that might previously have been dismissed because they exceed the 30-day statute of limitations may find new life as...more

Debunking Bunk: Fourth Circuit Leaves Unresolved “Excessive” Penalties Under the False Claims Act

On December 19, 2013, in a highly anticipated decision, the Court of Appeals for the Fourth Circuit awarded $24 million in civil penalties under the False Claims Act (FCA), despite the fact that the whistleblower prosecuting...more

Eighth Circuit Decision Tilts Rule 9(b) Split toward Whistleblowers

Last Friday’s Eighth Circuit decision in Thayer v. Planned Parenthood of the Heartland favored the whistleblower in the ongoing controversy over specificity requirements in False Claims Act actions. The split had been even...more

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