Whistleblowers

News & Analysis as of

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

Psst, a 3rd party ethics reporting system benefits any organization

"... even popular social media platforms, but, sh, don't tell" - Kind of like confessions in a personal diary, Whisper is an app that lets users anonymously share their secrets with millions of others in acts of...more

Whistleblowers Now Have More Time to File Whistleblower Claims through NLRB

Under the whistleblower provisions of the Occupational Health and Safety Administration (OSHA), employees typically only have 30 days to file a complaint about employer retaliation. However, OSHA has now reached an agreement...more

Blog: Director Of SEC Whistleblower Office To Staff: I Want To Pump You Up* To Find Whistleblower Retaliation Cases

According to Law360, the director of the SEC’s whistleblower office, Sean McKessy, is exhorting the staff of that office to set a high priority on cases involving employer retaliation for whistleblower complaints. During an...more

And You Thought a One-Third Contingency Was High

On Tuesday a federal court in Illinois awarded fees of $200,000 to attorneys for a whistleblower in a False Claims Act action. Not impressed? Well, consider this: the whistleblower got a little less than $30,000. Figured...more

FINRA Again Cautions Against Confidentiality Provisions Silencing Whistleblowers

As reported this week by Law360 (subscription required), the Financial Industry Regulatory Authority (FINRA) recently issued a reminder (Regulatory Notice 14-40) warning firms against the use of confidentiality provisions in...more

SDNY Dismisses Extraterritorial SOX and Dodd Frank Whistleblower Claims

Failing to heed a powerful message from the Second Circuit, overseas plaintiffs are continuing to seek to pursue SOX and Dodd-Frank whistleblower claims. On September 30, 2014, the Southern District of New York in Ulrich v....more

A whistleblower's age has no boundaries

The young boy who blew the whistle - Here's a new one. It's about a brave 12 year old who became a whistleblower. I wanted to share this one because as a mother myself, I try to teach my children about the greater...more

ARB Affirms Blacklisting Award To Whistleblower

The ARB upheld a damages award in favor of a whistleblower after his former employer purportedly “blacklisted” him by providing an apparently negative employment reference to a prospective employer. Timmons v. CRST Dedicated...more

A whistleblower's battle over beer

(Got your attention?) Yep, you read that right... beer - One often thinks of bribery and corruption happening in major, high profile organizations (Enron, WorldCom, Tyco). Those are certainly the first I think of...more

FINRA Reminds Anti-Whistleblower Provisions Are Not Permitted in Settlement Agreements

FINRA has published a regulatory notice where it 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

One important reason why healthcare whistleblowers need to be protected

Because they have first sight into the safety and treatment of patients - There's been much in the media spotlight lately around UK healthcare whistleblowers. The scandal-hit Stafford Hospital has had it's fair share...more

All Whistleblowers, listen up! Seven figure chump change or eight-figure bonanza, what will it be?

All Whistleblowers, listen up! Seven figure chump change or eight-figure bonanza, what will it be? Several events happened in the last few months to inspire conversation about whistleblowers. First, on July 30, 2014,...more

Provider Waives Attorney-Client Privilege in Qui Tam Case by Asserting Compliance with Law

A federal district court recently rejected a health care provider’s claim of attorney-client privilege and ordered the provider to produce written communications with its lawyers regarding the provider’s compliance with the...more

Global fraud and corruption, and how you can prevent it

Global Corruption Survey - Transparency International carried out a Global Corruption Survey for 2013 to just under 100 countries. The results from this survey indicate that one in four people had paid a bribe to a...more

What Happens When Your Whistleblower Hotline Program Fails and 3 Elements To Help Detect Incidents Internally

On September 16th, I, along with 1,300 compliance professionals, sat in the Grand Ballroom at the Hyatt Regency in Chicago for SCCE’s 13th Annual CEI 2nd general session. Specifically, we had gathered to hear U.S. Department...more

Whistleblower Calls Out Controversial Hong Kong Chief Executive

Controversial executive under fire - As evidenced by the photo to the left, Hong Kong’s chief executive CY Leung is not a popular person right now. And that was before anybody found out about the millions of dollars...more

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