Polsinelli Podcast - What Your Company Needs to Know About Whistleblower Claims
Episode 155-Mara Senn on FCPA Investigations and the Decision to Self-Disclose
FCPA Compliance and Ethics Report-Episode 122-with Matt Kelly on Alstom, Avon and Petrobras
FCPA Compliance and Ethics Report-Episode 117-the Avon FCPA Enforcement Action
Thomson Reuters Session 2: Investment Management, Hedge Funds and Registered Mutual Funds: What's Happening Now?
A Price Worth Paying?
SEC Whistleblower Program: What Employers Need to Know
Is Edward Snowden a Whistleblower?
First SEC whistleblower award-6 lessons learned
Whistleblower Tax Suits on the Rise
Hospitals and their medical staffs may consider it time to dust off their bylaws, in consideration of a recent legal development in a peer review proceeding.
Last year, the California Supreme Court held that Mark T....more
With so many articles available every month, it’s possible that a few got buried in either your inbox or the bowels of the blogosphere. Here are ten articles you don’t want to miss...more
The Occupational Safety and Health Administration (OSHA) has issued a new memo to clarify the investigative standards it has in place for its whistleblower investigations. There are more than 20 whistleblower protection laws...more
In This Issue:
- A Summary Across Five Continents
- Law and Sanctions
- The Legislative Framework: Whistleblower Protections Across the Globe
- Global Differences: The Cultural...more
Financial service companies in the UK may soon face the prospect of remodelling their whistleblowing procedures and nominating whistleblowing champions.
The Public Interest Disclosure Act 1998 (PIDA) currently protects...more
In a pivotal decision with broad implications for aspiring New Jersey whistleblowers, yesterday the New Jersey Supreme Court affirmed the Appellate Division’s finding that no qualified privilege exists to protect an employee...more
On May 7, the Occupational Safety and Health Administration (OSHA) succeeded in obtaining a preliminary injunction in a whistleblower claim, which kept the Lear Corporation from being able to retaliate any further against a...more
Last week, the Second Circuit heard oral arguments in Berman v. Neo@Ogilvy, a case that places squarely before the Court the question of who is a “whistleblower” within the meaning of the Dodd-Frank Act Wall Street Reform and...more
As the U.S. Supreme Court’s 2014-15 term draws to a conclusion, the Court has resolved — or will resolve in a matter of days — several cases with potentially wide-reaching implications for a range of important policy and...more
New evidence from nonprofit advocacy organizations Common Cause and the Center for Media and Discovery bolsters claims that the American Legislative Exchange Council (ALEC) has been falsely portraying itself as a tax-exempt...more
On June 18, 2015, significant portions of the Digital Privacy Act received Royal Assent. This Act, amends the Personal Information Protection and Electronic Documents Act (PIPEDA), and brings important certainty to how...more
A Miami-based nursing home network agreed Tuesday to pay a record $17 million to settle a False Claims Act suit brought by its former CFO, accusing it of running a kickback scheme. The case is United States of America et al...more
Potential fraud and abuse in the Medicare Advantage Program (“MA Program”) has become the focus of two senior-ranking Senators on each side of the aisle—Chuck Grassley (R-Iowa) and Claire McCaskill (D-Mo.)—and this attention...more
FCA penalties are harsh, as they are designed to truly deter attempts to defraud the federal government. The penalty for an FCA violation begins with treble damages, requiring the offender to pay three times the amount of the...more
Congress is required to enact secondary legislation to implement these reforms within one year.
On May 27, Mexican President Enrique Peña Nieto signed into law constitutional reforms (the Reforms) designed to strengthen...more
Last week, the North Carolina House and Senate overrode Governor McCrory’s veto of legislation intended to shield employers from video or other data or documents release by employees. H.B. 405, called the “ag-gag” bill by...more
Multiple whistleblowers have come forward from the U.S. Marshals Service, claiming that leadership within the agency uses requests under the Freedom of Information Act (FOIA) to retaliate against individuals because they...more
What happened? In Barton v Royal Borough of Greenwich, the Employment Appeal Tribunal (the "EAT") decided that an employee was fairly dismissed for misconduct after failing to adhere to his employer's instructions not to...more
A federal appeals court recently affirmed the dismissal of a whistleblower-retaliation suit against a Maine nursing home, holding that the plaintiff employee failed to prove that she was fired for telling her supervisor she...more
In this issue:
- FCPA AT A GLANCE
- THE ANTI-BRIBERY PROVISIONS OF THE FCPA
- TO WHOM THE ANTI-BRIBERY PROVISIONS APPLY
- THE PAYMENT ELEMENT
- THE CORRUPT INTENT ELEMENT
- WHO IS A...more
Reya C. Boyer-Liberto, a cocktail waitress, recently filed a lawsuit against the Maryland hotel she worked at, claiming she was fired after complaining about people using racial slurs against her. The defendant, the...more
The Sarbanes-Oxley Act (SOX) provides anti-retaliation protection to whistleblowers who engage in “protected activity.” To engage in protected activity under SOX, the whistleblower must provide information to the Securities...more
In this issue:
- THE THREE C’S — CONFIDENCE, CREDIBILITY AND COST
- WHO CONDUCTS THE INVESTIGATION?
- SCOPE OF THE INVESTIGATION
- MINDSET AT THE OUTSET OF AN INVESTIGATION
- THE NEED FOR...more
On May 28, 2015, the Sixth Circuit in Rhinehimer v. U.S. Bancorp Investments, Inc. affirmed a $250,000 jury verdict in favor of a former financial advisor for U.S. Bancorp Investments (“USBII”) who alleged that he had been...more
In a matter of first impression, the U.S. District Court for the Western District of Pennsylvania in Cestra v. Mylan Inc. No. 15-0873 (E.D. Pa., May 22, 2015) held that the antiretaliation provision of the False Claims Act...more
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