False Claims Act Retaliation in 2021 -
INTRODUCTION -
A corporate whistleblower can create more financial, organizational, and reputational damage to an employer by using the federal False Claims Act (FCA), 31 U.S.C....more
Largely overshadowed by the rise in COVID-19 deaths and the January 6, 2021, siege on the Capitol, the Criminal Antitrust Anti-Retaliation Act of 2019 (“the Act”) became law on December 23, 2020. See 15 U.S.C. § 7a-3....more
1/15/2021
/ Anti-Retaliation Provisions ,
Antitrust Provisions ,
Antitrust Violations ,
Corporate Counsel ,
Criminal Liability ,
Criminal Penalties ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
Whistleblower Protection Policies ,
Whistleblowers
With a vote split down party lines, on September 23, 2020, the Securities and Exchange Commission (SEC) approved several amendments to rules governing its Whistleblower Program. The purpose of the amendments, according to the...more
Pennsylvania’s gathering limitations, business shutdown and stay-at-home orders violate the United States Constitution, according to a federal judge in the Western District of Pennsylvania, who enjoined enforcement of those...more
9/21/2020
/ Business Closures ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Due Process ,
Emergency Management Plans ,
Equal Protection ,
Executive Orders ,
First Amendment ,
Fourteenth Amendment ,
Public Gatherings ,
Right to Peaceful Assembly ,
Shelter-In-Place ,
State and Local Government ,
Stays
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
5/15/2018
/ Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
Employer Liability Issues ,
Former Employee ,
Intellectual Property Protection ,
Misappropriation ,
Non-Disclosure Agreement ,
Qui Tam ,
Risk Management ,
Trade Secrets ,
Whistleblowers
On February 21, 2018, the U.S. Supreme Court issued its decision in Digital Realty Trust, Inc. v. Somers, Case No. 16–1276, resolving a circuit split on whether the Dodd-Frank Act (“Dodd-Frank” or the “Act”) requires...more
2/27/2018
/ Anti-Retaliation Provisions ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Internal Reporting ,
Reporting Requirements ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Whistleblower Protection Policies ,
Whistleblowers
On September 15, 2016, the federal Occupational Safety and Health Administration (OSHA) released new policy guidelines for its review of private settlement agreements presented to the agency for approval in whistleblowing...more
9/20/2016
/ BlueLinx Holdings ,
Cease and Desist Orders ,
Confidentiality Agreements ,
Corporate Counsel ,
Employer Liability Issues ,
Government Investigations ,
OSHA ,
Popular ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Settlement Agreements ,
Severance Agreements ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers ,
Workplace Hazards ,
Workplace Safety
Compliance professionals and attorneys received confirmation on Tuesday of what many have long expected: the U.S. Securities and Exchange Commission whistleblower program is steadily growing in scope and impact, and the SEC...more
The Securities and Exchange Commission (SEC) recently issued interpretative guidance intended to advance the agency's position that a whistleblower is entitled to the anti-retaliation protections of the Dodd-Frank Wall Street...more
8/17/2015
/ Amicus Briefs ,
Anti-Retaliation Provisions ,
Chevron Deference ,
Chevron v NRDC ,
Dodd-Frank ,
Federal Register ,
Financial Markets ,
Internal Reporting ,
Motion to Dismiss ,
NRDC ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Whistleblowers
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
6/12/2015
/ Anti-Retaliation Provisions ,
Cephalon ,
False Claims Act (FCA) ,
Hiring & Firing ,
Interlocutory Appeals ,
Mylan Pharmaceuticals ,
Protected Activity ,
Qui Tam ,
Whistleblower Protection Policies ,
Whistleblowers ,
Wrongful Termination
Long awaited in Sarbanes-Oxley Act (SOX) whistleblower circles, on October 9, 2014 the U. S. Department of Labor's Administrative Review Board (ARB) issued a split 2-1 panel decision in Fordham v. Fannie Mae, ARB No. 12-061,...more
A California appellate court recently issued a warning to employees who try to negotiate settlements with their employers by making veiled threats to report an employer's real or imagined criminal activity. In Stenehjem v....more
In Lawson v. FMR LLC,1 the Supreme Court massively expanded the scope of the anti-retaliation provision of the Sarbanes-Oxley Act (SOX), from 4,500 publicly held companies to millions of private companies that are...more
In This Issue:
- Whistleblower protections and in-House Counsel
- Sarbanes-oxley
- The Dodd-Frank Act
- The False Claims Act
- Common Law Wrongful Discharge Claims
- The Ethical...more
4/1/2013
/ After-Acquired Evidence ,
Attorney-Client Privilege ,
Confidentiality Agreements ,
Conflicts of Interest ,
Corporate Counsel ,
Dodd-Frank ,
False Claims Act (FCA) ,
Hiring & Firing ,
Injunctions ,
Protected Activity ,
Retaliation ,
Sarbanes-Oxley ,
Termination ,
Whistleblowers
The roller coaster continues for how to define protected activity under the Sarbanes Oxley Act (SOX). In a recent decision that signifies a major setback for employers, the United States Court of Appeals for the Third Circuit...more
While the Department of Labor's Administrative Review Board (ARB) and the majority of federal courts once agreed that, in order to engage in "protected activity" under the Sarbanes-Oxley Act (SOX), a whistleblower must...more