Whistleblowers

News & Analysis as of

Supreme Court Delineates Federal Whistleblower Protections in TSA Disclosure Case

On January 21, 2015, the Supreme Court of the United States decided whether a federal air marshal, who publicly disclosed that the Transportation Security Administration (TSA) had decided to cut costs by removing air marshals...more

Employee Could Proceed With Whistleblower Lawsuit Based On Employer’s Mistaken Belief She Had Complained

Diego v. Pilgrim United Church of Christ, 231 Cal. App. 4th 913 (2014) - Cecilia Diego, the former assistant director of Pilgrim United’s preschool, sued her former employer for retaliation in violation of public...more

A Look Back at SEC Whistleblowers in 2014

In retrospect, 2014 has to be considered a success for the whistleblower program run by the United States Securities and Exchange Commission (SEC). This year, whistleblowers who earned awards through the SEC earned more money...more

Proposed Rule Would Allow Contractors’ Employees To File Whistleblower Disclosures With OSC

Last week, the U.S. Office of Special Counsel (“OSC”), an independent federal investigative and prosecutorial agency that handles claims of wrongdoing within the executive branch of the federal government, proposed revising...more

Employee Could Proceed With Whistleblower Claim Based On Suspected Commercial Bribery

Linda Ferrick, a former senior administrator for Santa Clara University, claimed the termination of her employment resulted from her reporting that her supervisor had engaged in what Ferrick believed to be commercial bribery...more

Weekly Update Newsletter - January 2015 #2

GOVERNMENT CONTRACTS - HHS IG Issues Report Regarding Federal Marketplace: Inadequacies in Contract Planning and Procurement - The Department of Health and Human Services (HHS) inspector...more

Supreme Court Backs Whistleblowing Air Marshall

On January 21st, the Supreme Court affirmed a former air marshal's right to whistleblower protection relating to his leaking of air security plans to the media. The 7-2 decision written by Chief Justice John Roberts in the...more

Supreme Court Decides Department of Homeland Security v. MacLean

On January 21, 2015, the U.S. Supreme Court decided Department of Homeland Security v. MacLean, holding that an Air Marshal was entitled to whistleblower status after disclosing plans to remove Air Marshals from certain...more

Whistleblower Protection Extends To Federal Workers Who Violate Agency Regulations

Yesterday the U.S. Supreme Court held that an agent of the Transportation Security Administration (TSA) who disclosed information that was prohibited by TSA regulations, was nonetheless protected under the Whistleblower...more

Fourth Circuit's Triple Canopy False Claims Act Decision

The decision unexpectedly expands potential liability. On January 8, the U.S. Court of Appeals for the Fourth Circuit issued a panel decision that established a new and potentially significant False Claims Act (FCA)...more

FCPA Compliance and Ethics Report-Episode 122-with Matt Kelly on Alstom, Avon and Petrobras [Video]

In this episode, Compliance Week Editor-in-Chief Matt Kelly and I discuss the Avon and Alstom FCPA enforcement actions and then take a look at the ongoing Petrobras corruption scandal and what it means for Brazil. ...more

The Expansion of Pennsylvania's Whistleblower Law - What Government Contractors Must Know About This New Liability Threat

Businesses that enter into contracts with state or local government entities in Pennsylvania need to be aware of a new liability threat – lawsuits from employees alleging waste or wrongdoing in connection with the award of...more

Fifth Circuit Rules Revealing Whistleblower's Identity Is Materially Adverse Action

The Fifth Circuit Court of Appeals recently ruled that a notice revealing a whistleblower's identity to other employees can be considered a "materially adverse" action and violates the Sarbanes-Oxley Act of 2002 (SOX). The...more

2014 Top 10 SEC Enforcement Highlights

Mary Jo White was confirmed in April 2013 as Chair of the Securities and Exchange Commission (the “SEC”), becoming the first former United States Attorney to serve in that role. Given her background, and despite criticism...more

False Claims Act: 2014 Year In Review

In what is becoming an annual refrain, 2014 marked another year of robust False Claims Act (FCA) enforcement by the U.S. Department of Justice (DOJ) and mushrooming qui tam lawsuits by whistleblowers. Indeed, fiscal year 2014...more

Minnesota Overturns Precedent By Extending Whistleblower Statute of Limitations

On December 15, the Court of Appeals for the state of Minnesota made a decision that reversed 20 years of precedent by extending the Minnesota Whistleblower Act’s statute of limitations from two to six years. The decision...more

2015 Trends: #5 Regulatory Enforcement Moves Down Market

While ethics and compliance scandals that implicate brand name companies tend to grab the headlines, smaller organizations have always borne the brunt of regulatory enforcement. Over the years, U.S. Sentencing Commission data...more

Illinois Law Firm Continues to Clog Court System with Tax-Related False Claims Act Allegations—but Proposed Legislation May Offer...

As many readers of this blog know, over the past 12 years the Circuit Court of Cook County, Illinois has been deluged with lawsuits filed by a Chicago law firm against internet retailers as a “whistleblower” under the...more

Credit Crunch Digest - December 2014

This issue of the Credit Crunch Digest focuses on Libor civil penalties; three former ICAP brokers pleading not guilty to criminal Libor charges; a large whistle-blower award to a former Countrywide Financial Corp. executive;...more

California Employment Law Notes - January 2015

$300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award - State of Arizona v. ASARCO LLC, 2014 WL 6918577 (9th Cir. 2014) (en banc). Angela Aguilar who worked in a copper mine...more

The Guards Who Couldn’t Shoot Straight: Fourth Circuit Endorses “Implied Certification” Theory Under False Claims Act

Does the federal False Claims Act (“FCA”) require the submission of an “objectively false statement” to the government? When does a company’s knowing failure to comply with contractual terms amount not just to a breach of...more

Fenwick Employment Brief - January 2015

Waiting for and Undergoing Security Checks Not Compensable Time - The United States Supreme Court recently held in Integrity Staffing Solutions, Inc. v. Busk et al. that time spent waiting for and undergoing post-shift...more

Heads Up – The ACA Employer Mandate Is Now In Effect: Beware of Actions that Could Result in ACA Whistleblower Liability

Effective January 1, 2015, certain employers became subject to the employer mandate of the Patient Protection and Affordable Care Act (ACA), and thus subject to liability under the ACA Employer Shared Responsibility...more

Consumer Financial Product Whistleblower Claims on the Rise

Since the Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted in 2010, there has been a significant rise in complaints filed under the Consumer Financial Protection Act (CFPA), with a corresponding drop of...more

Seventh Circuit Uses Rule 9(b) to Dismiss False Claims Act Case

The Seventh Circuit has been on quite a tear recently with cases involving the False Claims Act; we wrote about three of them, involving the federal assignment law, the worthless-services doctrine, and the public-disclosure...more

1,090 Results
|
View per page
Page: of 44