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Texas Federal Court Dismisses FCA Claims As Insufficiently Pled

In U.S. ex rel. Williams v. McKesson Corp., No. 3:12-CV-0371-B (N.D. Tex. July 9, 2014), a Texas federal court recently dismissed a qui tam whistleblower suit by a former employee of McKesson, a Texas-based entity that provides billing-related services to the health care industry, holding that the former employee failed to establish “the existence of … Continue Reading

4th Circuit: SOX Whistleblower Failed To Establish A Prima Facie Case Regarding Causation

On May 12, 2014, the Fourth Circuit Court of Appeals affirmed summary judgment on a SOX whistleblower claim, concluding that the whistleblowers’ alleged protected activity was not a “contributing factor” in the challenged adverse employment action.  Feldman v. Law Enforcement Assoc. Corp., No. 13-1849 (4th Cir. May 12, 2014).  Armed with this decision, employers are … Continue Reading

Federal District Court Deepens Divide Over SOX Whistleblower “Protected Activity”

On February 21, 2014, the District of Puerto Rico strayed from a prominent decision out of the First Circuit that employed the “definitively and specifically” standard governing protected activity under Section 806 of SOX, choosing instead to defer to the ARB’s rather expansive standard.  Stewart v. Doral, No. 13-cv-1349 (D.P.R. Feb. 21, 2014).   This decision underscores the … Continue Reading

Wall Street Journal Quotes Proskauer’s Pearlman on 2013 Whistleblower Events & 2014 Forecast In Multiple Articles

In a January 27, 2014 article penned by Rachel Louise Ensign in the Wall Street Journal (Risk and Compliance Journal) titled “Why 2014 Could be Huge for Corporate Whistleblowers,” Steven Pearlman, partner and co-head of Proskauer’s Whistleblower Practice Group, commented on the need for employers to encourage employees to lodge complaints internally without fear of … Continue Reading

OSHA Introduces New Online Whistleblower Complaint Form

As first reported by Law 360 reporter Kat Greene on December 5, 2013, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) unveiled a new online complaint form to complement its telephone hotline.  The nineteen-question form is not tailored in any respect to SOX whistleblowers.  Rather, the form requires the complainant to describe … Continue Reading

Record-breaking $14m Payout Highlight of SEC’s Annual Report

On November 15, 2013, the Securities and Exchange Commission’s (SEC) Office of the Whistleblower (OWB) released its third Annual Report on the Dodd-Frank Whistleblower Program to Congress, which details information on OWB’s activities and bounty payouts for the fiscal year, as described in our post on the 2012 Annual Report.… Continue Reading

Georgia Federal Court Rules That Dodd-Frank Whistleblowers Are Not Entitled To A Jury Trial

On November 12, 2013, a Georgia district court ruled that Dodd-Frank whistleblowers are not entitled to a jury trial or punitive damages.  Pruett v. BlueLinx Holdings, Inc., No. 13-cv-02607 (N.D. Ga., Nov. 12, 2013).  This is a first-impression decision that is likely to impact the valuation of Dodd-Frank whistleblower claims.… Continue Reading

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