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
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
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