News & Analysis as of

Whistleblowers

Health Care E-Note - May 2018

by Burr & Forman on

There are many reasons providers wish to waive copays: financial hardship, professional courtesy, employee discounts, etc. All of these reasons would be appropriate for a client discount in almost any other industry (e.g.,...more

EDNY Dismisses False Claims Act Case Against Large National Bank

by Weiner Brodsky Kider PC on

A U.S. District Court for the Eastern District of New York recently dismissed a False Claims Act (FCA) case against a large national bank. The court ruled that the Federal Reserve Banks (FRBs), to which the national bank...more

OSHA Schedules Public Meeting And Requests Comments On Whistleblower Issues In The Trucking And Railroad Industries

by Seyfarth Shaw LLP on

OSHA has scheduled a meeting on June 12, 2018, in Washington, D.C., to solicit comments and suggestions from stakeholders in the trucking and railroad industries, on whistleblower issues within OSHA’s purview.  83 Fed. Reg....more

Recent Fraud Settlements Illustrate Current Compliance Risk Areas

by Ruder Ware on

One of the reasons compliance officers and health care attorneys read fraud settlements is to identify issues the government is focused on. The cases the government decides to pursue are very indicative of the areas of fraud...more

Time for Companies to Establish an Independent Corporate Ombudsman

by Michael Volkov on

Corporate commitment to speak up cultures is suffering. The Ethics and Compliance Initiative’s recent Global National Business Ethics Survey contained a critical finding – corporate instances of retaliation against employee...more

Update on BofI Whistleblower Litigation

We previously reported in March and last October on a whistleblower litigation brought by Charles Erhart, a former Bank of Internet Holding, Inc. (BofI) internal auditor. On December 3, 2015, in a separate action, the...more

Corporate Attitudes: When Speak Up Means Keep Quiet

by Michael Volkov on

As parents we all have been through the following scenario – we encourage our children to communicate and voice their concerns and to learn to articulate, reason and understand perspectives. So, our kids start to speak up...more

White Collar Crime Alert - Proposition de directive européenne sur la protection des lanceurs d’alerte

En publiant le 23 avril 2018 une proposition de directive sur les lanceurs d’alerte, la Commission européenne répond aux sollicitations du Parlement européen. ...more

FCA, PRA Sanction Barclays, Executive Re Whistleblower

by Dorsey & Whitney LLP on

The Commission has brought a number of actions seeking to protect whistleblowers. One action, for example, was brought against a firm which tried to bar former employees from talking to regulators by inserting provisions in...more

OSHA Trends And Developments: One Year Into The Trump Administration

by Seyfarth Shaw LLP on

Yesterday our panel from Seyfarth’s Workplace Safety team led a briefing on OSHA regulation and enforcement under the Trump Administration. One year into the Trump Administration, employers’ expectations for a more...more

In the First Application of the Whistleblower “Safe Harbor” Rule, SEC Awards More Than $2.2 Million to Whistleblower Who First...

On April 5, 2018, the SEC announced an award of more than $2.2 million to a former company insider who voluntarily provided critical information to another federal agency before reporting it to the SEC, and whose report led...more

Bridging the Weeks - May 2018 #2

The chief executive officer of a major worldwide banking group agreed to pay the equivalent of US $870,000 as fines to two United Kingdom regulators, and had the equivalent of US $677,000 of prior pay clawed back by his...more

"Purloined Letters": Management Options When a Departing Employee Puts a Business Entity at Risk by Collecting Confidential...

by Littler on

The following scenario is more common—and more troubling—than ever before. A high ranking employee who has signed an agreement to preserve the confidentiality of business plans, financial information, and trade secrets...more

ARB Rejects SOX Claim Due to Complainant’s Harassment

The ARB recently affirmed a motion for summary decision against a Complainant claiming retaliatory discharge under SOX, finding that he failed to demonstrate that he engaged in protected activity and that the Company would...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Anbang Insurance founder Wu Xiahoui’s fall from grace now includes an 18-year prison sentence for his conviction by a Shanghai court for using Anbang to “cheat investors out of more than $10 billion”....more

Hospice news update

by Bricker & Eckler LLP on

Hospice audits - In late 2017, the Centers for Medicare and Medicaid Services (CMS) expanded its targeted probe and educate (TPE) audit program to include hospices....more

It Is Time to End the Debate: Compliance Hotlines Must Accept & Track HR-Related Reports

by NAVEX Global on

For the 25 years I have been working in ethics and compliance, there has been an unfortunate turf battle waging between Compliance and HR over what types of reports should be accepted by the ethics and compliance hotline....more

California Court Of Appeal Holds That Disclosure Of Confidential Information Protected By Anti-SLAPP Statute

by Seyfarth Shaw LLP on

A recent California Court of Appeal decision held that the receipt, retention and dissemination of confidential information by a whistleblower’s attorney is protected by the state’s anti-SLAPP statute. MMM Holdings, Inc. v....more

European Commission Proposes Protective Legislation for Whistleblowers Reporting EU Law Breaches

by Shearman & Sterling LLP on

The European Commission has published a proposal for a Directive on the protection of persons reporting on breaches of Union law. Whistleblowers help prevent damage and detect threat or harm to the public interest that may...more

Alere Settles False Claims Act Allegations for $33 Million

by Knobbe Martens on

The United States Department of Justice announced in a press release that Alere Inc. and its subsidiary, Alere San Diego, reached a settlement agreement with the United States government for $33.2 million over allegations...more

Retaliation Plaintiff Not A Covered Whistleblower Under Plain Reading Of Dodd-Frank Act, Court Rules

by Jackson Lewis P.C. on

A former employee who failed to show he reported alleged securities law violations to the Securities and Exchange Commission (SEC), as required under the Dodd-Frank Wall Street Reform and Consumer Protection Act (DFA), cannot...more

Chicago Federal Court Rejects Retaliatory Discharge Claim Due To Existence Of SOX Whistleblower Claim

On April 23, 2018, the U.S. District Court for the Northern District of Illinois ruled that a plaintiff’s SOX claim precluded his claim for common law retaliatory discharge. Cohen v. Power Solutions International, Inc., No....more

SEC Investigations: A Guide for Public Company Directors, Officers, and In-House Counsel

by Latham & Watkins LLP on

Even public companies with a strong code of conduct, an exemplary tone at the top, robust internal controls, and a culture of compliance may face allegations of misconduct that can lead to an investigation by the Division of...more

Employment Flash - April 2018

This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more

Justice Department Clarifies Softer Stance on False Claims Act Enforcement

by Barley Snyder on

The U.S. Department of Justice (“DOJ”) recently clarified two prior memos suggesting less enforcement of False Claims Act (“FCA”) cases. ...more

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