News & Analysis as of

Contractors Whistleblowers

Harris Beach PLLC

False Claims Act Enforcement Highlights Need for Robust Compliance Programs

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The U.S. Department of Justice (“DOJ”) announced its False Claims Act (“FCA”) enforcement statistics for FY 2023 and identified key priorities for FCA enforcement in 2024 and beyond. The DOJ continues to pursue FCA...more

NAVEX

Your Questions, Answered. What you Need to Know About the EU Whistleblower Protection Directive.

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Before we dive in, there were several questions from our audience inquiring about country specific whistleblower protection requirements. For more information related to each EU Member State’s adoption of the Directive, visit...more

Foley Hoag LLP

OSHA Announces Interim Final Rule on Antitrust Whistleblower Retaliation Claims

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The Occupational Safety and Health Administration (“OSHA”) of the U.S. Department of Labor has released a new rule that will give antitrust whistleblowers added protection against retaliation. The new rule establishes...more

Vinson & Elkins LLP

The Criminal Antitrust Anti-Retaliation Act: Not In It For The Money

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The recent Criminal Antitrust Anti-Retaliation Act (CAARA), to be enforced by the Occupational Safety and Health Administration (“OSHA”), offers protection from retaliation for antitrust whistleblowers who come forward to...more

Troutman Pepper

A Case to Watch: Highway Contractor Appeals $663M False Claims Act Judgment

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On August 31, 2015, highway contractors Trinity Industries, Inc. and Trinity Highway Products, LLC (collectively, Trinity) appealed to the U.S. Court of Appeals for the Fifth Circuit a $663,360,750 final judgment entered...more

Proskauer - Whistleblowing & Retaliation

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

Cohen Seglias Pallas Greenhall & Furman PC

The Expansion of Pennsylvania's Whistleblower Law - What Government Contractors Must Know About This New Liability Threat

Businesses that enter into contracts with state or local government entities in Pennsylvania need to be aware of a new liability threat – lawsuits from employees alleging waste or wrongdoing in connection with the award of...more

NAVEX

2015 Trends: #5 Regulatory Enforcement Moves Down Market

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While ethics and compliance scandals that implicate brand name companies tend to grab the headlines, smaller organizations have always borne the brunt of regulatory enforcement. Over the years, U.S. Sentencing Commission data...more

Sherman & Howard L.L.C.

The Customer is Sometimes Right

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You’re a subcontractor with employees at your customer’s worksite. The customer orders you to remove an employee from the project. In fact, the customer emails you that the employee’s repeated safety complaints are killing...more

Baker Donelson

Louisiana Public Bid Law Update: Two Big Wins in the Louisiana First Circuit for Unsuccessful Bidders Disputing Public Bid Awards

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Last month, the Louisiana First Circuit Court of Appeal issued two decisions in favor of unsuccessful bidders on public projects. In Phylway Const., LLC v. Terrebonne Parish Consol. Government, 2013-1589 (La. App. 1...more

McCarter & English, LLP

Whistleblower Expenses Not Allowable

Under a new final rule, contractors and subcontractors may not seek to recover from the government their legal costs and expenses incurred in connection with whistleblower retaliation claims. The Department of Defense, the...more

Proskauer - Government Contractor Compliance...

Agencies Issue Final Rule on the Recovery of Contractor Whistleblower Legal Costs

On June 25, 2014, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration issued a final rule that establishes when government contractors and subcontractors may recover...more

Carlton Fields

Supreme Court Protects Whistleblowing Employees of Mutual Fund Adviser

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Whistleblowing law continues to develop, with a recent U.S. Supreme Court decision holding that, despite ambiguous statutory language, the Sarbanes-Oxley Act of 2002 protects employees of private companies serving as...more

Cozen O'Connor

Pennsylvania Expands Whistleblower Law to Cover Some Private Employers, Nonprofits

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Pennsylvania Governor Tom Corbett gave final approval to two bills that drastically expand the scope and enforcement provisions of the Pennsylvania Whistleblower Law. Under the amendments, which take effect on August 31,...more

Williams Mullen

Appellate Federal Court Overturns District Court Ruling; Federal Government Contractor Must Disclose Internal Investigation...

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In our current Williams Mullen Construction Industry News, the article titled “Federal Contractors” discussed a ruling on March 6, 2014 by the U.S. District Court for the District of Columbia ordering a federal government...more

Laner Muchin, Ltd.

U.S. Supreme Court Rules That Employees Of Private Contractors Of Public Companies Are Covered By SOX Whistleblower Protections

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In Lawson v. FMR, LLC, the U.S. Supreme Court held that the whistleblower protections established in the Sarbanes-Oxley Act of 2002 (SOX) cover employees of a public company's private contractors and subcontractors, reversing...more

Foley & Lardner LLP

U.S. Supreme Court Expands Scope of Whistleblower Protections

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Earlier this month, the U.S. Supreme Court concluded that whistleblower protections of Sarbanes-Oxley extend not only to employees of public companies, but to the employees of their contractors and subcontractors. See Lawson...more

Sheppard Mullin Richter & Hampton LLP

Sarbanes-Oxley Whistleblower Protections Cover Employees of a Public Company’s Private Contractors

On March 4, 2014, the United States Supreme Court, in a 6-3 decision, expanded the protections offered to whistleblowers under anti-fraud laws, in Lawson v. FMR LLC. In its decision, the Court ruled that a specific...more

Dechert LLP

The U.S. Supreme Court Extends Sarbanes-Oxley Whistleblower Protections to Employees of Mutual Fund Investment Advisers and Other...

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The Supreme Court of the United States on March 4, 2014 held that employees of a privately-held mutual fund investment adviser are protected under a whistleblower provision enacted as part of the Sarbanes-Oxley Act of 2002...more

Bond Schoeneck & King PLLC

Supreme Court Widens Sarbanes-Oxley Whistleblower Net

On March 4, 2014, the U.S. Supreme Court significantly expanded the Sarbanes-Oxley anti-retaliation law to cover employees of private contractors who perform services for publicly-traded companies. Passed in 2002 in the wake...more

Burr & Forman

Lawson v. FMR: Are SarbOx Whistleblower Provisions A Horse Designed By Committee?

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A camel (so the saying goes) is a horse designed by committee. It seems the Supreme Court may think the same of the whistleblower provisions in § 806 of the Sarbanes-Oxley Act of 2002. Section 806 prohibits retaliatory...more

Manatt, Phelps & Phillips, LLP

Employment Law

Same-Sex Harassment Suits Yield Sizable Settlements - Why it matters: Same-sex sexual harassment made headlines recently after the Equal Employment Opportunity Commission reached settlements with two different...more

Fenwick & West LLP

U.S. Supreme Court Expands SOX Whistleblower Protection to Employees of Private Contractors

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In a landmark whistleblower decision by the United States Supreme Court, Lawson, et al. v. FMR LLC, et al., the Court held that the whistleblower protections under the Sarbanes-Oxley Act of 2002 (“SOX”) apply not only to...more

Fenwick & West LLP

Fenwick Employment Brief - March 2014

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In February, the San Francisco Board of Supervisors passed the Fair Chance Ordinance, which limits when and to what extent employers can inquire into the criminal history of applicants and employees. The ordinance also...more

Goodwin

In Lawson, Supreme Court Expands SOX Whistleblower Protection to Employees of Private Contractors

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On March 4, 2014, in Lawson v. FMR, the U.S. Supreme Court ruled that a public company’s private contractors can be covered under the whistleblower protections of Section 806 of the Sarbanes-Oxley Act. The Supreme Court’s...more

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