News & Analysis as of

Retaliation Fraud Whistleblower Protection Policies

Oberheiden P.C.

Need a Wall Street Whistleblower Attorney? Your Questions, Answered

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People who work on Wall Street come into contact with important information all the time. Sometimes, though, that information indicates that a major corporation or company is breaking the law. If this happens to you, you have...more

Oberheiden P.C.

A Guide to Whistleblowing Under the Sarbanes-Oxley Act (SOX)

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The Sarbanes-Oxley Act of 2002, also referred to as SOX or as Sarbox, is a federal statute that requires specific corporate recordkeeping measures as well as financial reporting. It was passed in the aftermath of several huge...more

Conn Maciel Carey LLP

The easier-to-satisfy “contributing factor” framework is enough to prove whistleblower protection under the Sarbanes-Oxley Act.

Conn Maciel Carey LLP on

The Sarbanes-Oxley Act (“Act” or ”SOX”) shields whistleblowers from retaliation for reporting any wrongdoing by publicly traded companies. Recently, in Murray v. UBS Securities, LLC, the U.S. Supreme Court evaluated the...more

Bricker Graydon LLP

Landmark Ruling Redefines Whistleblower Protection Under Sarbanes-Oxley Act

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On February 8, 2024, the United States Supreme Court released a unanimous opinion confirming that a whistleblower does not need to show their employer’s actions were made with “retaliatory intent” to be protected under the...more

Proskauer Rose LLP

Top 10 Whistleblowing and Retaliation Events of 2023

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2023 was another groundbreaking year for whistleblower litigation and bounty awards. The U.S. Securities and Exchange Commission shattered records by issuing a $279 million award and continued to actively enforce the...more

NAVEX

The Whistleblower Experience – Unpacking the Benefits and Best Practices

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If you find yourself thinking, “there are so many whistleblower stories in the news these days,” you’re not wrong. From historic awards being distributed from the U.S. Securities and Exchange Commission (SEC) to the EU...more

Foley & Lardner LLP

A Review of Recent Whistleblower Developments - October 2023

Foley & Lardner LLP on

Eleventh Circuit Adopts “Totality of the Circumstances” Test for Showing Protected Activity Under SOX and Denies Whistleblower Petition for Review - In Ronnie v. Office Depot, LLC, --- F.4th ----, 2023 WL 6210623 (11th Cir....more

Kohn, Kohn & Colapinto LLP

Bipartisan Amendments Introduced to Further Strengthen the False Claims Act

On July 25, 2023, Senator Chuck Grassley (R-Iowa) and Senator Dick Durbin (D-IL.) introduced amendments to the False Claims Act (FCA), a law that protects the federal government from fraud, saving taxpayers billions. The FCA...more

Tucker Arensberg, P.C.

Third Circuit Clarifies FCA Retaliation Standard Under Amended Anti-Retaliation Provision

Tucker Arensberg, P.C. on

The False Claims Act (the “FCA” or “Act”) prohibits the knowing presentation of a “false or fraudulent claim for payment or approval” to the federal government. 31 U.S.C. 3729(a)(1)(A). To assist the government in recovering...more

Bass, Berry & Sims PLC

Anti-Retaliation under the False Claims Act

The False Claims Act encourages whistleblowers to come forward when they suspect their employer is committing fraud. This post provides a general overview of the False Claims Act’s anti-retaliation provision, which protects...more

Foley & Lardner LLP

Can A Whistleblower Release Her Retaliation Claim Under The False Claims Act?

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Although a whistleblowing employee typically cannot release fraud claims against her employer brought on behalf of the United States under the False Claims Act (FCA), courts have demonstrated a willingness to enforce properly...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Concludes Complaints Over Mandatory Arbitration Are Not Protected

The Sarbanes-Oxley Act (SOX) provides federal whistleblower protections against retaliation for employees of publicly held companies who complain about fraudulent activities. However, not all employee complaints are protected...more

Polsinelli

Tenth Circuit Confirms that Compliance Employees Must Satisfy Heavier Burden to Obtain FCA Whistleblower Protection

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On April 30, 2019, the U.S. Court of Appeals for the Tenth Circuit in United State ex rel. Reed v. KeyPoint Government Solutions affirmed the dismissal of an employee’s False Claims Act (FCA) whistleblower retaliation claim....more

Proskauer - Whistleblower Defense

E.D. Pennsylvania Limits Protected Activity Under SOX

In Westawski v. Merck & Co., No. 14-cv-3239 (E.D. Pa. Oct. 18, 2016), the Eastern District of Pennsylvania granted Defendant Merck & Co. (Company) summary judgment on Plaintiff Joni Westawski’s (Plaintiff) SOX whistleblower...more

Proskauer - Whistleblowing & Retaliation

SOX Whistleblower Receives $250,000 Award Related to State Wage Act Complaints

The ARB recently concluded that a former program manager was entitled to recover more than $250,000 in back pay and benefits under Section 806 of SOX based on his discipline and constructive discharge. The ARB clarified that...more

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