News & Analysis as of

Senator Grassley Announces the Creation of a Congressional Whistleblower Caucus

Last week, we provided an update on Senator Chuck Grassley’s (R-IA) efforts to strengthen the IRS Whistleblower Program and expedite the processing of IRS Whistleblower claims. Now, Senator Grassley – a longtime advocate for...more

Senator Grassley Urges IRS to Strengthen Whistleblower Program

Both in our practice and on our blog, we typically focus on the SEC Whistleblower Program, which seeks actionable intelligence about possible violations of the federal securities laws. But, the SEC Whistleblower Program is...more

Thomson Reuters Session 2: Investment Management, Hedge Funds and Registered Mutual Funds: What's Happening Now?  [Video]

Pepper partner Gregory J. Nowak has regularly hosted a roundtable in Pepper’s New York office for private funds and their managers to discuss issues in the investment management world. He has recently started to give a...more

Transferring Confidential Data to IRS Earns SOX Protection for Whistleblower

The U.S. Department of Labor (DOL, in Vannoy v. Celanese Corporation, recently ruled in favor of a whistleblower who claimed retaliation after taking sensitive information from his employer and giving it to the Internal...more

Whistleblowers Are Being Locked Out of the IRS

Except for the booming payout of $104 million to UBS whistleblower Bradley Birkenfeld, most of the United States Internal Revenue Service (IRS) Whistleblower Program's claims have not elicited any rewards. Senate Finance...more

2014 Labor And Employment Law Checklist

Each year, LP’s Labor & Employment Practice Group is pleased to provide a short checklist of steps that all companies should consider taking to measure their readiness for the coming year. We hope that you find this 2014...more

Department of Labor Whistleblower Update

In recently released decisions, the DOL Administrative Review Board took further action in two whistleblower actions of interest to employers. No Answer on Whether Stealing Confidential Data Is Protected – But a Silver...more

Take 5 Newsletter: Five Hot Topics for Financial Services Industry Employers

The economy may be improving, but challenges remain for employers in the financial services industry. From ever-increasing whistleblower claims to new diversity and inclusion regulations and recent IRS determinations...more

Nonprofit Law Revitalization Comes to New York

On December 18, 2013, New York Governor Andrew Cuomo signed into law the Nonprofit Revitalization Act of 2013 which modernizes the New York nonprofit corporation law. The Act overwhelmingly passed both houses of the New York...more

Focus on Tax Controversy - December 2013

In This Issue: A Decade of Lessons Learned from State Tax False Claims Act Cases; Second Circuit Reaffirms Taxpayer’s Use of Protective Refund Claims; and Challenging Regulations After Mayo and Home...more

SOX Gone Wild: Misappropriation and Transmission of Confidential Company/Employee Data to the Government Protected under SOX

A whistleblower who took sensitive company data from his employer and turned it over to the IRS has won his retaliation claim at the Department of Labor under the Sarbanes-Oxley Act’s (“SOX”) whistleblower protection...more

Blowing the Whistle and Nobody Hears

When a person assumes the role of a whistleblower to stop the illegal and fraudulent activity of a corporation or governmental agency, it is understood that there may be harsh retaliatory acts taken by the violating...more

To Blow or Not to Blow — this is the Whistleblower’s Question

Cheryl D. Eckard was drug giant GlaxoSmithKline's (GSK) quality manager. In 2002, she was sent to the company's primary plant in Puerto Rico to fix problems cited by the U.S. Food & Drug Administration (FDA). Eckard quickly...more

Workplace Policy Institute: Agencies Release Spring 2013 Regulatory Agendas; Final Persuader Rule Expected in November

Federal agencies have released their spring 2013 regulatory agendas outlining the rules they will likely propose or issue in final form during the next six-month period. While agencies often stray from their stated goals and...more

The ERISA Litigation Newsletter - June 2013

Our articles this month focus on health care reform. First, Jim Napoli and Brian Neulander comment on the potential for litigation under the Affordable Care Act's (ACA's) whistleblower protections and ERISA Section 510 as a...more

CMS Proposes to Increase Awards for Non-Qui Tam Whistleblowers

CMS wants to change the way that it rewards non-qui tam whistleblowers who report alleged fraudulent or unlawful conduct related to Medicare or Medicaid. Using an IRS program as a model, CMS recently proposed rule changes to...more

Senator Grassley’s Harsh Criticisms Of IRS Whistleblower Program Implementation

On January 28, 2013, in a letter to the Internal Revenue Service (IRS) and the U.S. Department of Treasury (Treasury), Senator Charles Grassley (R-IA), co-author of the 2006 updates to Section 7623 of the Internal Revenue...more

IRS Whistleblower Program: Payouts Rise in 2012

On February 13, 2013, the IRS issued its “Fiscal Year 2012 Report to the Congress on the Use of Section 7623,” as required by The Tax Relief and Health Care Act of 2006 (Act). The Act was established “to encourage people with...more

The Whistleblower Era

It has taken a long time but the status of whistleblowers has reached an all time high. Whistleblowers can expect even more encouragement and protections in the future. ...more

"Why Won't They Take My (Whistleblower) Case!"

In Cohen v. Commissioner, 139 T.C. No. 12 (October 9, 2012), the Tax Court decided that it lacked jurisdiction to review an IRS Whistleblower Office decision not to pursue a claim. In the decision, Mr. Cohen asked the...more

$104 Million Awarded to UBS Whistleblower

On September 11, 2012, the National Whistleblowers Center announced that UBS whistleblower, Bradley Birkenfeld, was awarded $104 Million by the Internal Revenue Service (‘IRS”) as payment for insider information he provided...more

Would $104 Million IRS Whistleblower Get Stiffed Under Dodd-Frank?

The recent announcement that the IRS granted a $104 million whistleblower award to convicted former UBS banker Bradley Birkenfeld generated front-page news coverage. Birkenfeld, the U.S.-bred former private banker who...more

Whistleblower Attorney Steve Berman Comments on Record IRS Whistleblower Award

Steve Berman, managing partner at Hagens Berman, a nationwide whistleblower protection law firm, today lauded an award the Internal Revenue made to former Swiss banker Bradley Birkenfeld for providing information on tax...more

Whistleblower Regulations Finalized by IRS: Awards for Reporting Tax Fraud Are Significant

Earlier this year, the Internal Revenue Service (IRS), in its continuing effort to prompt and motivate whistleblowers to come forward, issued final regulations clarifying certain definitions used for purposes of calculating...more

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