Whistleblowers

News & Analysis as of

Administrative Review Board Clarifies Causation Burdens in SOX Whistleblower Cases

The ARB recently clarified the competing burdens of proof on issues of causation for whistleblower retaliation cases arising under SOX Section 806 and other whistleblower protection statutes. In particular, in Fordham v....more

Got DBE Fraud Skeletons?

Every Halloween, the cute traditional images re-emerge from our closets and the attics. Ghosts, gravestones, plastic pumpkins, and perhaps the most common of all – skeletons. Given the recent heightened status of...more

Record $30 Million Whistleblower Payout Goes Offshore

U.S. securities regulators recently announced a record-breaking $30 million payout to an anonymous whistleblower living abroad, an amount more than double the previous record of $14 million awarded in 2011. This marks the...more

Tesco whistleblower remains safe from recrimination

And for that, I'm applauding Tesco for doing the right thing - About a month ago, we blogged about how a whistleblower at Tesco came forward to raise concerns over flawed accounting. It seemed that Tesco had...more

Recent Developments in Cases Dealing with the False Claims Act’s First-to-File and Public Disclosure Bars

The False Claims Act, 31 U.S.C. §§ 3729-3733, enables whistleblowers—also known as qui tam relators— to file fraud suits on behalf of the United States against private government contractors. With the assistance of qui tam...more

California Court Finds Lack of Evidence Undermines False Claims Act and Retaliation Claims

The Southern District of California recently issued a favorable ruling for employers under both the False Claims Act and California’s retaliatory discharge provision codified at California Labor Code section 1102.5. The court...more

Blog: Study Shows Whistleblower Complaints Lead To Increased Penalties And Likelihood Of Enforcement

An academic study, first reported by the WSJ, concludes that, in regulatory enforcement actions brought by the SEC and DOJ alleging financial misrepresentation, employee whistleblowers have a consequential impact on...more

Insights Into The Whistleblower Hotline Programs of The Services and Retail Trade Industries

It’s here again! The best part of the show has finally come! I know the 2014 Corporate Governance and Compliance Hotline Benchmarking Report was highly anticipated, which makes me even more excited to write about it....more

Wage and Hour Cases to Watch at the Supreme Court: Part 1--Integrity Staffing

This month marked the opening of the Supreme Court’s new term. For employment law practitioners, this session will be particularly busy with seven cases analyzing a range of employment questions, from the scope of the EEOC’s...more

For Whom the Whistle Blows

In This Issue: - Applicability and Protected Activity - Procedure Governing Section 402 Claims - Five Steps to Compliance - For More Information - Excerpt from Applicability and Protected...more

Five reasons not to bully a whistleblower

But first... Here's a classic case of bullying a whistleblower - Whistleblowers are brave people who come forward to make good faith reports of suspected fraud, corruption, or other improper...more

Seminal Decision Could Make it Harder for Publicly Traded Employers to Defeat Sarbanes-Oxley Whistleblower Claims

Long awaited in Sarbanes-Oxley Act (SOX) whistleblower circles, on October 9, 2014 the U. S. Department of Labor's Administrative Review Board (ARB) issued a split 2-1 panel decision in Fordham v. Fannie Mae, ARB No. 12-061,...more

Blog: Litigation Round-Up: Some Recent Drug & Device Settlements, Investigations, Inquiries

Settlements - Pharmaceutical company Organon Inc. agreed to pay $31 million to settle federal and state allegations that it underpaid Medicaid drug rebates, provided kickbacks to nursing home pharmacy companies,...more

With Prejudice: Judge Dismisses FCA Claim and Orders Sanctions Against Attorney

On October 16, 2014, United States Magistrate Judge Jeremiah McCarthy of the Western District of New York issued a Report and Recommendation to District Judge William Skretny in which he recommended dismissal with prejudice...more

Taiwan Food Company, Oil Fraud... and Sherlock Holmes?

Soiled oil taking its toll - Earlier this month, a major Taiwan food company was forced to recall their tainted food products—so countless Taiwanese citizens are eating safer tonight, and it’s all because of a food...more

False Claims Act Does Not Protect An Employee Disclosing His Whistleblower History

On October 20, the United States District Court for the Southern District of Ohio found that the False Claims Act (“FCA”) did not protect an employee who was fired after revealing his history as a whistleblower and offering...more

Good News for Guilty Whistleblowers!

Want to be a whistleblower but worried your own wrongdoing will prevent it? If so, Tuesday’s decision by a federal court in Texas should come as welcome news. In that long-running False Claims Act case, the court rejected a...more

The importance of a Code of Ethics in government... and all organizations

Governments need to ensure proactive measures are in place Just like any organization - As the world has heard by now, Canada was rocked by two unique, and tragic, events. Last week a soldier was killed in a parking...more

Fenwick Employment Brief - October 2014

New Laws Affecting California Employers - The 2014 legislative session is in the books, and it produced several new laws affecting employers in California, including: Private arbitration companies must provide...more

Four Whistleblowers Win Big in Case Against Boeing

Four whistleblowers will be awarded a sum of $3.9 million after reporting intentional overcharges made to the United States Air Force by airplane manufacturer Boeing. Boeing paid $23 million total in settlements after the...more

Whistleblowing in the UK - A dismal report

The UK Whistleblowing Report - not quite a passing grade - According to Public Concern at Work, the whistleblowing charity, 2013 was the year of the whistleblower in the UK. Stories of whistleblowers have been, and...more

FINRA Requires New “Whistleblower” Clause in Settlement Agreements

Since 2004, FINRA has required its member firms to include in settlement-agreement confidentiality clauses an exception expressly allowing a customer to respond to regulatory inquiries. See Notice to Members 04-44. FINRA...more

Third Circuit Tightens “Original Source” Requirement for Whistleblowers

Back in 2003 Karl Schumann filed a whistleblower suit alleging that as an executive with benefits company Medco, he learned that Bristol-Myers Squibb and AstraZeneca paid kickbacks to Medco to buy and recommend brand name...more

Supreme Court Makes Necessary Expansions to Whistleblower Law

The United States Supreme Court recently ruled in the case of Lawson v. FMR, LLC that people employed by a private company that is either a contractor or subcontractor or a public company are to be extended the same...more

FINRA Issues Guidance Notice To Warn Against Settlements Barring Whistleblower Tips

This month, FINRA issued guidance notice 14-40 to reminds firms that “it is a violation of FINRA Rule 2010 (Standards of Commercial Honor and Principles of Trade) to include confidentiality provisions in settlement agreements...more

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