Daniel Davis
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The Seventh Circuit recently issued a decision interpreting the anti-retaliation provisions of the False Claims Act (FCA). The decision provides important clarifications about how courts may interpret recent amendments to this provision. Like a recent decision by the Fourth Circuit, the Seventh Circuit finds that courts may inquire whether the employee’s underlying complaint of FCA … Continue Reading
The Fourth Circuit recently issued a decision interpreting the anti-retaliation provision of the False Claims Act (FCA). The decision provides important clarification about how courts may interpret 2009 and 2010 amendments to the anti-retaliation provision. Specifically, it finds that courts may inquire whether the employee’s underlying complaint of FCA fraud is objectively and subjectively reasonable.… Continue Reading
The U.S. District Court for the Southern District of New York recently granted a motion for summary judgment dismissing a plaintiff’s SOX and Dodd-Frank whistleblower claims. The court ruled that the plaintiff failed to establish retaliation because: (1) almost all of the plaintiff’s alleged protected activity did not allege shareholder fraud and therefore failed; and (2) the … Continue Reading
Last week, the U.S. Court of Appeals for the Sixth Circuit rejected a former compliance officer’s whistleblower retaliation claim because she did not establish that she had an objectively reasonable belief that she was investigating illegal conduct when her employment was terminated.… Continue Reading
Proskauer Partner Connie N. Bertram, co-head of the Whistleblowing & Retaliation Practice, participated in a webinar last week with Sean McKessy, Chief of the SEC’s Office of the Whistleblower. The webinar, sponsored by the American Bar Association, was entitled “New Developments in Whistleblower Claims and the SEC.” The participants discussed the Supreme Court’s recent decision … Continue Reading
In a 2-1 decision issued on April 20, 2015, the Second Circuit expanded the scope of protected activity under the Fair Labor Standard Act’s (FLSA) anti-retaliation provision. The FLSA prohibits retaliation against an employee who “has filed any complaint . . . related to” the FLSA’s provisions. In Greathouse v. JHS Security, Inc., the Second Circuit considered … Continue Reading
Yesterday, the Office of the Inspector General for the U.S. Department of State (OIG) issued a report on its review of the use of confidentiality agreements and policies by Department of State contractors. In preparing the report, OIG sent a five-question survey to the 30 contractors with the largest Department of State contracts in 2012. … Continue Reading
This week, the U.S. Court of Appeals for the Sixth Circuit ruled that a job applicant lacks standing to bring whistle-blower claims under the Energy Reorganization Act and the False Claims Act (“FCA”) because those laws’ retaliation provisions apply only to employees. The Sixth Circuit is the first Court of Appeals to address this issue.… Continue Reading
On October 20, the United States District Court for the Southern District of Ohio found that the False Claims Act (“FCA”) did not protect an employee who was fired after revealing his history as a whistleblower and offering to help his new employer prevent overcharges on a government contract. The court held that the employee … Continue Reading
On August 25, 2014, the District Court for the District of Columbia dismissed a claim brought by a former employee of Fannie Mae alleging violations of the anti-retaliation provisions of the Sarbanes-Oxley Act and the Dodd-Frank Act.… Continue Reading
On June 27, 2014, the D.C. Circuit granted Kellogg Brown & Root’s (“KBR’s”) petition for a writ of mandamus and vacated a federal district court order requiring KBR to produce 89 documents related to an internal investigation. Relying on Upjohn Co. v. United States, 449 U.S. 383 (1981), the D.C. Circuit ruled that the documents … Continue Reading
Last week, the Third Circuit reversed a New Jersey district court’s decision to dismiss a False Claims Act (FCA) qui tam law suit, holding that the court applied an overly demanding pleading standard to relator Thomas Foglia’s complaint. The Third Circuit’s decision joins the growing debate that has split the circuits as to whether whistleblowers … Continue Reading
On March 6, 2014, the United States District Court for the District of Columbia ruled that Kellogg Brown & Root Services, Inc. (“KBR”) must produce to a qui tam relator 89 documents relating to internal investigations conducted by the Company. The court held that neither the attorney-client privilege nor the attorney work-product doctrine barred production or … Continue Reading
Yesterday a significant expansion of whistleblower protections for employees of federal contractors and subcontractors took effect. The National Defense Authorization Act for 2013 (“NDAA”) extended whistleblower protections to an employee of a “contractor, subcontractor, or grantee” who makes a claim of gross mismanagement, gross waste, abuse of authority, a substantial and specific danger to public … Continue Reading
On February 11, 2013, a jury in federal district court in Illinois found a nursing home operator (Company) liable under the False Claims Act and the Illinois Whistleblower Reward and Protection Act for fraudulent billing and certifications. U.S. v. Momence Meadows Nursing Center Inc., No. 04-cv-2289 (C.D. Ill.). The jury also found that the Company retaliated against … Continue Reading
Seventh Circuit Issues Ruling Interpreting False Claim Act Whistleblower Amendments
By Connie Bertram and Daniel Davis on Posted in False Claims Act
Fourth Circuit Issues Ruling Interpreting False Claim Act Whistleblower Amendments
By Connie Bertram and Daniel Davis on Posted in False Claims Act
S.D.N.Y Dismisses Former Employee’s SOX and Dodd-Frank Whistleblower Claims
By Daniel Davis and Emilie Adams on Posted in Dodd Frank, SOX Whistleblower Decisions
Divided Sixth Circuit Dismisses Compliance Officer’s FCA Whistleblower Retaliation Claim
By Connie Bertram, Daniel Davis and Emilie Adams on Posted in False Claims Act
Proskauer Participates With Head of SEC Whistleblower Program in 4/22/15 Webinar
By Connie Bertram and Daniel Davis on Posted in Dodd Frank
Second Circuit Expands The Scope Of FLSA Protected Activity To Include Oral Complaints To Employer
By Daniel Davis on Posted in FLSA Retaliation
Department of State Inspector General Issues Report on Contractor Confidentiality Provisions with Employees
By Connie Bertram and Daniel Davis on Posted in Government Contractors
Sixth Circuit Dismisses Whistleblower’s Claims Made By Job Applicant
By Connie Bertram, Daniel Davis and Emilie Adams on Posted in False Claims Act
False Claims Act Does Not Protect An Employee Disclosing His Whistleblower History
By Connie Bertram and Daniel Davis on Posted in False Claims Act
Federal Court in District of Columbia Dismisses Whistleblower Claims of Former Fannie Mae Employee
By Connie Bertram and Daniel Davis on Posted in SOX Whistleblower Decisions
DC Circuit Rejects Narrow View Of Attorney-Client Privilege In Internal Company Investigations
By Connie Bertram, Daniel Davis and Michael J. Graham on Posted in False Claims Act
Third Circuit Adopts Less Demanding FCA Pleading Standard
By Connie Bertram and Daniel Davis on Posted in False Claims Act
Federal Court Ruling Raises Questions About Privileged Nature Of Certain Internal Investigations
By Connie Bertram, Daniel Davis and Amy Blackwood on Posted in False Claims Act
Expanded Whistleblower Provisions Applicable To Federal Contractors And Subcontractors Take Effect
By Daniel Davis and Connie Bertram on Posted in Government Contractors
$28 Million Verdict Against Illinois Nursing Home; Liable Under False Claims Act & Illinois Whistleblower Reward And Protection Act
By Daniel Davis, Steven J. Pearlman and Harris Mufson on Posted in False Claims Act
