Whistleblowers Whistleblower Protection Policies

News & Analysis as of

N.J. High Court Rules “Watchdog” Employees Protected Under State Whistleblower Law

On July 15, 2015, the Supreme Court of New Jersey ruled that an employee who monitors corporate compliance—a so-called “watchdog” employee—can engage in protected activity by blowing the whistle under the New Jersey...more

New Jersey Supreme Court Rules that CEPA is a Watchdog’s Best Friend

On July 15, 2015 in a 5-0 decision, the Supreme Court of New Jersey issued its long awaited decision in Lippman v. Ethicon, Inc., which affirmed and modified the Appellate Division’s ruling that employees, whose core job...more

New Jersey's Conscientious "Everyone" Protection Act? State Supreme Court says "Yes"

As we previously forecast and employers feared, New Jersey's Supreme Court has dramatically expanded the state's whistleblower law, the Conscientious Employee Protection Act or "CEPA." In doing so, the Court held that...more

Hartpence: Ninth Circuit Joins Majority of Circuits to Lower Barrier for Whistleblowers in False Claims Act Lawsuits

The US Court of Appeals for the Ninth Circuit, in a case likely heralding an increase in the number of qui tam False Claims Act lawsuits, has abrogated prior precedent and lowered the jurisdictional bar for whistleblowers in...more

Antitrust Whistleblower Protection Bill Introduced In Senate (Again)

On June 17, 2015, members of the Senate Judiciary Committee introduced the Criminal Antitrust Anti-Retaliation Act of 2015 (Act), a bill that proposes whistleblower protection for employees who provide information to the...more

OSHA Clarifies Standards for Whistleblower Investigations

The Occupational Safety and Health Administration (OSHA) has issued a new memo to clarify the investigative standards it has in place for its whistleblower investigations. There are more than 20 whistleblower protection laws...more

Cal. Court Limits Protected Activity Under Dodd-Frank Whistleblower Provision

In Nazif v. Computer Sciences Corporation, No. 13-cv-5498 (N.D. Cal. June 17, 2015), the Northern District of California granted Defendant Computer Sciences Corp. (Company) summary judgment on Plaintiff Nazif’s Dodd-Frank...more

A Review of Recent Whistleblower Developments

SEC Awards Another Whistleblowing Compliance Officer - On April 22, 2015, the Securities and Exchange Commission (SEC) announced an award between $1.4 and $1.6 million to a compliance officer who provided information...more

June Whistleblower Digest | Does Your Ethics Training Adequately Cover Anti-Retaliation?

Pop quiz: what are the three criteria the SEC stated they would hold a chief compliance officer accountable for? Well, I admit that was a trick question, because even if you got them right, the SEC is ruffling feathers by...more

OSHA Clarifies Standards for Whistleblower Investigations

The Occupational Safety and Health Administration (OSHA) has issued a new memo to clarify the investigative standards it has in place for its whistleblower investigations. There are more than 20 whistleblower protection laws...more

Whistleblowing: An Employer’s Guide To Global Compliance

In This Issue: - Foreword - A Summary Across Five Continents - Law and Sanctions - The Legislative Framework: Whistleblower Protections Across the Globe - Global Differences: The Cultural...more

Whistleblowers Big Winners After OSHA Obtains Injunction in Case

On May 7, the Occupational Safety and Health Administration (OSHA) succeeded in obtaining a preliminary injunction in a whistleblower claim, which kept the Lear Corporation from being able to retaliate any further against a...more

Case Alert: Employee Fairly Dismissed for Contacting the Information Commissioner's Office Against Instructions

What happened? In Barton v Royal Borough of Greenwich, the Employment Appeal Tribunal (the "EAT") decided that an employee was fairly dismissed for misconduct after failing to adhere to his employer's instructions not to...more

Fired Nurse Loses Whistleblower Suit over Suspected Drug Use

A federal appeals court recently affirmed the dismissal of a whistleblower-retaliation suit against a Maine nursing home, holding that the plaintiff employee failed to prove that she was fired for telling her supervisor she...more

Sixth Circuit Changes Course on Proof Required to Show Protected Whistleblower Activity Under SOX

The Sarbanes-Oxley Act (SOX) provides anti-retaliation protection to whistleblowers who engage in “protected activity.” To engage in protected activity under SOX, the whistleblower must provide information to the Securities...more

District Court Holds False Claims Act Applies to Employee Allegedly Terminated for Engaging in Protected Activity Against...

In a matter of first impression, the U.S. District Court for the Western District of Pennsylvania in Cestra v. Mylan Inc. No. 15-0873 (E.D. Pa., May 22, 2015) held that the antiretaliation provision of the False Claims Act...more

Polsinelli Podcast - What Your Company Needs to Know About Whistleblower Claims [Video]

Whistleblower stories fill the pages of newspapers and online publications with often daily accounts of an employee who has spoken out against the company. If you're the company manager, there are steps you need to take to...more

Whistleblowers – Tracking Ups and Downs

One of many things about life – just when you think you know something, it turns out you do not. Or another trite way to say the same thing – Life is full of surprises. The evolution in the treatment and legal...more

Mintz Levin Health Care Qui Tam Update - Recently Unsealed Whistleblower Cases: June 2015

Trends & Analysis: ..We have identified 33 health care–related qui tam cases that have been unsealed in whole or in part since the cases covered in our last Qui Tam Update. In addition, we have also identified one case...more

OSHA Issues Revised Whistleblower Investigations Manual

Continuing its emphasis on its Whistleblower Protection Program, the Occupational Safety and Health Administration (OSHA) released an updated Whistleblower Investigations Manual on May 21, 2015. OSHA enforces whistleblower...more

Proposed Legislation Could Punish Those Who Retaliate Against VA Whistleblowers

The U.S. Department of Veterans Affairs has been the subject of controversy for much of the past year after a variety of whistleblowers exposed a nationwide problem of extremely long wait times for veterans needing treatment...more

Arizona's "Whistleblower" Laws: Tread Carefully

A “whistleblower” is someone who reports to management (or in some cases state and federal agencies) that they believe someone in their company is engaged in illegal conduct. There are numerous federal statutes that provide...more

Employers: 9 Provisions You Need in a Whistleblower Policy

A potential whistleblower need only run a quick Internet search to find many attorneys ready to take his or her case. Knowing this, employers need to be proactive: Any employer handbook or policy and procedures manual should...more

Whistle While You Work: SEC Announces First Retaliation Whistleblower Award

On June 16, 2014, the SEC issued its first-ever charge of whistleblower retaliation under section 922 of the Dodd-Frank Act, charging a hedge fund advisor and its owner with “engaging in prohibited principal transactions and...more

Has the SEC Become the "Whistleblower’s Advocate"?

The SEC Chair discusses the whistleblower program’s achievements and importance and how the agency will fight to ensure that whistleblowers continue to be heard....more

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