Whistleblower Protection Policies

News & Analysis as of

Ireland Takes Big Step in Protecting Whistleblowers

Earlier this year, the Protected Disclosures Act 2014 was enacted in Ireland to protect whistleblowers across all sectors of the Irish economy. Transparency International Ireland has lobbied for whistleblower legislation in...more

Second Circuit: No Dodd-Frank Protections for Whistleblowers Overseas

The U.S. Second Circuit Court of Appeals made an important ruling in August, deciding that the whistleblower protections in the 2010 Dodd-Frank Act do not cover individuals who work for companies located outside the United...more

Court Allows Counterclaim Against Whistleblower for Breach of Employment Agreement

A federal court in New Jersey has permitted a defendant in a False Claims case to defend itself on the grounds that the whistleblower/ex-employees breached their employment agreements by using and disclosing confidential...more

United States: U.S. Supreme Court Dramatically Expands Whistleblower Law

On March 4, 2014, the U.S. Supreme court in Lawson v. FMR, LLC, 134 S.Ct. 1158, held in a 6-3 decision that employees of a private company that is a contractor or subcontractor of public company are entitled to whistleblower...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

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

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

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

Former Analyst Claims Moody’s Falsely Inflated Ratings

Former Moody’s analyst, Ilya Kolchinsky, has accused the credit rating powerhouse of overstating its ratings for countless toxic mortgage-backed securities that caused the financial meltdown in 2008, misleading investors and...more

Non-U.S. Whistleblower's Dodd-Frank Retaliation Claim Rejected

On Aug. 14, the U.S. Court of Appeals for the Second Circuit issued a decision that helps clarify the territorial reach of the anti-retaliation provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act, 15...more

SEC Awards $300,000 to an Audit & Compliance Professional for Whistleblowing: Key Implications & Lessons Learned

Last week, the SEC announced its first whistleblower award to an audit and compliance professional. The $300,000 award announcement noted that the recipient had “reported concerns to appropriate personnel within the company,...more

How not to submit a claim with the SEC: Use a whistleblower hotline instead

Some people will go to great lengths to claim they are entitled to a whistleblower reward based on evidence they have. I know, shocker right? An example of this is via a commission order, dated August 29, 2014, that...more

White Collar Watch - August 2014

In This Issue: - Court of Appeals asked to clarify scope of Dodd-Frank Act whistleblower protections - Supreme Court to address circuit splits on wartime tolling and first-to-file bar - IRS amends...more

One More Thing about Liu v. Siemens, the Foreign Whistleblower Case

Last week I wrote about the Second Circuit’s recent decision in Liu v. Siemens AG, in which the court held that the Dodd-Frank Act’s anti-retaliation provisions do not apply to whistleblowers overseas. As I think about it,...more

Business and Commercial Litigation Newsletter – #43

We are pleased to present the 43rd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address whistleblower protections under the Dodd-Frank Act, trade...more

Federal Appeals Court Says Dodd-Frank Does Not Protect Overseas Whistleblowers

The U.S. Court of Appeals for the Second Circuit has ruled that the Dodd-Frank Act does not protect whistleblowers outside the United States. In Liu Meng Lin v. Siemens AG, Case No. 13-4385-cv (2nd Cir. August 14,...more

OSHA Initiative Directs Untimely Whistleblowers To NLRB

The Occupational Safety & Health Administration recently has entered into a referral agreement with the National Labor Relations Board (NLRB) under which it will direct workers wanting to pursue time-barred retaliation claims...more

Court of Appeals asked to clarify scope of Dodd-Frank Act whistleblower protections

A federal court of appeals has been asked to clarify the scope of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010’s (“Dodd-Frank” or “Act”) whistleblower protections. Specifically, the court has been...more

Are More SEC Protections on the Way for Whistleblowers?

A pro-whistleblower coalition comprising organizations including the Government Accountability Project, the Project on Government Oversight and more is in the news for pressuring the Securities and Exchange Commission (SEC)...more

No Right to Jury Trial Under Pennsylvania’s Whistleblower Statute

On August 19, 2014, the Pennsylvania Superior Court held that individuals bringing suit under the Pennsylvania Whistleblower Law have no right to a jury trial. Writing for the court, Judge Judith Olson explains that “the...more

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