News & Analysis as of September 20, 2024

Freedom of Information Act › Whistleblowers

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The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal agency records and enforce that right in a court of law. However, not all agency records can be requested; there are nine exempt categories of information. In addition to the federal law, many states have passed their own freedom of information acts. These acts are often similar but not always identical to the federal version. less -

The FCA Pledges to Improve Its Whistleblowing Framework

Akin Gump Strauss Hauer & Feld LLP on 10/3/2023

Overview - A survey conducted by the United Kingdom Financial Conduct Authority (FCA) in early 2022, but published only in 2023, has revealed the stark reality that the regulator is not doing enough for whistleblowers. 15...more

DC Circuit Decision Upholds Whistleblower Confidentiality to Protect IRS Whistleblowers from Retaliatory FOIAs

Kohn, Kohn & Colapinto LLP on 8/26/2022

On July 19, the United States Court of Appeals for the District of Columbia Circuit issued a ruling in Montgomery v. Internal Revenue Serv., a case concerning the Internal Revenue Service’s (IRS) handling of Freedom of...more

Despite Pandemic-Related Disruptions, Securities Class Action Filings Remain High With No Signs of Slowing

Skadden, Arps, Slate, Meagher & Flom LLP on 1/27/2021

Despite unprecedented disruptions to the court system from the COVID-19 pandemic, plaintiffs continued to bring securities class actions at elevated levels in 2020 — a sign that filings will remain high in the year ahead....more

Ninth Circuit Holds Loss Causation May Be Predicated on Information Potentially Available Under Freedom of Information Act

Goodwin on 11/20/2020

Ninth Circuit Holds Loss Causation May Be Predicated on Information Potentially Available Under Freedom of Information Act; D.C. Circuit Upholds FINRA’s Permanent Ban of Broker Accused of Misconduct After Finding SCOTUS...more

Proskauer Joins Heads of SEC & OSHA Whistleblower Programs in Webinar

Proskauer - Whistleblower Defense on 9/30/2016

On September 27, 2016, Proskauer Partner Steven J. Pearlman, co-head of the Whistleblowing & Retaliation Practice Group, participated in a Bloomberg webinar with Jane Norberg, Acting Chief of the SEC Office of the...more

“Reasonable Cause” Standard Highlighted In OSHA’s Revised Whistleblower Investigations Manual

Proskauer - Whistleblowing & Retaliation on 2/11/2016

On January 28, 2016, OSHA issued a revised Whistleblower Investigations Manual (“Manual”) outlining procedures for the handling of retaliation complaints under the various whistleblower statutes that OSHA oversees. Chapter 3...more

FCA Cases and SBA Protests

Davis Wright Tremaine LLP on 9/16/2015

False Claims Act - As you know, the False Claims Act suit is brought against a contractor (whether through a whistleblower/relator or by the government alone) and carries very heavy civil and potentially criminal...more

New OSHA Directive to Speed Up Resolution of Whistleblower Complaints Under OSH Act, Dodd-Frank, Other Laws

Ballard Spahr LLP on 8/25/2015

A directive to establish nationwide policies and procedures aimed at speeding up the resolution of “whistleblower” complaints handled by the Occupational Safety and Health Administration (OSHA) was issued on August 19, 2015....more

This Week In Securities Litigation

Dorsey & Whitney LLP on 7/24/2015

The SEC filed three actions following-up on its settled proceeding against Oppenheimer for selling millions of shares of unregistered penny stocks. Each individual settled with the agency. In addition, the Commission brought...more

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Freedom of Information Act › Whistleblowers

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