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Whistleblowers Settlement Agreements

Ballard Spahr LLP

Are Whistleblower Protection Violations the New SEC Sweep?

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The Securities and Exchange Commission (SEC) continues to investigate companies for including language in their employment and separation agreements or retail client settlement agreements that potentially discourages...more

Rivkin Radler LLP

When A Shareholder Loses Control of Their S Corporation

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If given their druthers, most transactional corporate attorneys would prefer to spend their day practicing “happy law,” by which they typically mean transactions that involve capital formation, mergers and acquisitions, joint...more

Dechert LLP

The Employment Edit – Issue 9 – July 2024

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New Labour Government’s proposed changes to employment law in the UK - Following the general election, with the Labour Party now in power, significant changes to employment law are expected. The Government’s first step has...more

Carlton Fields

Expect Focus - Volume II, May 2024

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Last Lap in SEC RILA Rulemaking Critical Unresolved Issues - Congress directed the SEC to adopt a new registration statement for registered indexed annuities (RILAs) by the end of June. Several months ago, the SEC...more

Carlton Fields

SEC Penalizes Anti-Whistleblower Provision in Customer Settlement Agreements

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The SEC has opened a new track in the whistleblower litigation derby. While SEC enforcement actions concerning whistleblower violations are nothing new, they typically involve claims that companies precluded employees from...more

BakerHostetler

Employers Beware: Broad Confidentiality and Severance Clauses May Violate Whistleblower Protection Laws

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Employers should check their confidentiality and severance agreements for a common oversight that, for some, is becoming a costly error. Recent enforcement activity by the Securities and Exchange Commission (SEC) of Rule...more

Proskauer - The Capital Commitment

Words Matter: Three Key Steps to Mitigate SEC Enforcement Risks Relating to Whistleblower Carveout Language

Since 2015, the SEC has brought nearly two dozen enforcement actions for violations of the whistleblower protection rules under Rule 21F-17(a) against employers for actions taken to impede reporting to the SEC. The bulk of...more

Littler

When Will a Settlement Agreement Preclude a False Claims Act Action?

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A recent District of Columbia federal court ruling reminds employers that a severance agreement containing a release of claims under the False Claims Act does not guarantee dismissal of a suit on those grounds....more

Mitchell, Williams, Selig, Gates & Woodyard,...

OSHA Enforcement/Whistleblower Investigation: Florida City Enters into Settlement Agreement Addressing Alleged Retaliation Against...

The Occupational Safety and Health Administration (“OSHA”) issued an April 20th news release stating that it had entered into a Settlement Agreement with the City of Delray Beach, Florida, to address an alleged retaliation...more

Polsinelli

False Claims Act Recoveries 2022

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The Department of Justice (DOJ) recently announced its False Claims Act (FCA) Recoveries for 2022, with the second-highest number of settlements in history. While the number of settlements increased, the total amount of...more

Robinson+Cole Health Law Diagnosis

Home Health Company and Two Corporate Officers Settle False Claims Act Allegations for Over $30 Million

On October 18, 2022, the Department of Justice (DOJ) announced two settlements with CHC Holdings, LLC, an Oklahoma limited liability company doing business as Carter Healthcare (Carter), and two former senior corporate...more

King & Spalding

Employment Settlement Agreements – how to avoid the common pitfalls

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Settlement agreements are a pragmatic and effective tool in resolving workplace disputes. The employee benefits from financial support and a dignified exit, and the employer achieves a clean break. However, when used...more

Robinson+Cole Health Law Diagnosis

DOJ Announces $900 Million Settlement Tied to Speaker Bureau Payments to Physicians

On September 26, 2022, the United States Department of Justice (DOJ) announced a $900 million settlement with pharmaceutical company Biogen Inc., which arose from alleged violations of the federal False Claims Act (FCA) and...more

Pillsbury Winthrop Shaw Pittman LLP

Contractor Settles Cybersecurity-Related False Claims Act Suit for $9 million

A seven-year long False Claims Act suit comes to an end after Aerojet Rocketdyne reaches a $9 million settlement agreement for its alleged false certification of compliance with cybersecurity requirements. In the settlement...more

Cozen O'Connor

New York AG James Recovers Over $36 Million for Gift Card Fraud

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New York AG Letitia James reached a settlement with global retailer H&M Hennes & Mauritz, L.P. and whistleblower William S. French to resolve allegations that H&M improperly retained unused gift card balances that should have...more

Polsinelli

When the Feds Find Out! Lack of Data Security Leads to Novel and Hefty Settlements

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The Federal Government continues ramping up enforcement of data security requirements by deploying significant new enforcement theories and tools in support of cyber and data security controls required by federal law....more

Sheppard Mullin Richter & Hampton LLP

Well, That Didn’t Take Long – DOJ Announces its First Settlement of a Civil Cyber-Fraud Case

On March 8, 2022, just five months after the creation of the Department of Justice’s (“DOJ”) new Civil Cyber-Fraud Initiative (previously discussed...), the DOJ announced its first settlement of a cyber-related fraud case...more

Foley & Lardner LLP

A Review of Recent Whistleblower Developments

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Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. Recent developments include: ...more

Health Care Compliance Association (HCCA)

Hospital Settles FCA Case Filed by CO Over Modifiers; Make Sure People ‘Feel Heard’

Report on Medicare Compliance 30, no. 32 (September 13, 2021) - John Peter Smith (JPS) Hospital in Fort Worth, Texas, agreed to pay $3.3 million to settle false claims allegations in a case with a hot risk area, a...more

Cozen O'Connor

The State AG Report - Volume 7, Issue 35 | September 2021

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Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: Not Just Fun and Games: Angry Birds Allegedly...more

Proskauer - Whistleblower Defense

SDNY: SOX Whistleblower Protections Extend to Investors

On July 21, 2021, the U.S. District Court for the Southern District of New York held that the whistleblower protections established in SOX are not restricted to employee whistleblowers, but also extend to shareholders.  SEC...more

Kramer Levin Naftalis & Frankel LLP

SEC Whistleblower Protection Rule Not Restricted to Employee Whistleblowers

On July 21, in S.E.C. v. Collector’s Coffee, Inc. et al.,[1] a New York federal court held that a Securities and Exchange Commission (SEC or Commission) whistleblower protection rule prohibiting actions to impede the...more

Morgan Lewis

What's Ahead for the SEC in 2021

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Morgan Lewis’s 15th annual 2020 Year in Review and a Look Forward provides a comprehensive overview and analysis of key 2020 US Securities and Exchange Commission (SEC) enforcement and examination developments, notable...more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter - February 2021 - U.S. & Americas Enforcement Review 2020

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As 2020 drew to a close, enforcement authorities throughout the United States and the Americas continued to investigate fraud, corruption, and other misconduct across the region. In this newsletter, we highlight some...more

Perkins Coie

DOJ’s First False Claims Act Settlement Against PPP Borrower Signals Robust Fraud Enforcement Ahead

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As the government revives its Paycheck Protection Program (PPP) with hundreds of billions of dollars in additional loans available to small businesses, there are fresh signs that government fraud investigations and...more

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