On February 28, 2019, a Los Angeles jury issued a verdict of $1.5 million in damages to a former employee who alleged his employer retaliated against him for reporting misconduct in violation of the False Claims Act (“FCA”), 31 U.S.C. § 3730(h), the Defense Contractor Whistleblower Protection Act (“DCWPA”), 10 U.S.C. § 2409, and California’s … Continue Reading
On January 8, 2019, the DOL announced Secretary Alexander Acosta’s appointment of three new members to the Administrative Review Board (ARB), filling vacancies that had been open for months, and marking the first appointments to the ARB of the Trump Administration. The ARB issues final agency decisions on behalf of the Secretary of Labor in … Continue Reading
On October 23, 2017, the Eastern District of Virginia rejected a motion to dismiss a former employee’s claim for whistleblower retaliation under the False Claims Act (“FCA”). Andrews v. City of Norfolk, No. 2:16-cv-681, 2017 WL 4837707 (E.D. Va. Oct. 23, 2017). The Court ruled on whether the defendants themselves must be involved in the … Continue Reading
On August 1, 2016, the U.S. Department of Labor (DOL) launched a new pilot program, titled “Expedited Case Processing Pilot,” in its Western region. Here is the DOL’s press release describing the program. The program enables a complainant filing claims under whistleblower statutes to ask OSHA to cease its investigation and issue findings in an … Continue Reading
On February 12, 2016, the Ninth Circuit rejected a former maintenance manger’s whistleblower retaliation claims under the Energy Reorganization Act, 42 U.S.C. § 5851 (“ERA”), concluding that he failed to engage in in a protected activity. Sanders v. Energy Northwest, No. 14-cv-35368.… Continue Reading
The Government Accountability Project (GAP) and Zuckerman Law recently petitioned the U.S. Department of Labor (“DOL”) to issue rules and guidance prohibiting “de facto” gag clauses in settlement and severance agreements that dissuade whistleblowers from engaging in protected activities.… Continue Reading
We have seen a number of substantial whistleblower awards make headlines this year, but a recent article on nytimes.com discusses the potential downsides of government-sponsored bounty programs: rewarding whistleblowers by paying them millions of dollars for information may lead to perverse incentives by allowing wrongdoers to win significant sums of money with little government accountability … Continue Reading
A Seventh Circuit panel recently affirmed dismissal of a whistleblower claim under the American Reinvestment and Recovery Act of 2009 (“ARRA”) where the complaint did not state a claim (for Rule 12(b)(6) purposes) for misuse or mismanagement of ARRA-covered funds. Fuqua v. SVOX AG, Case No. 12-cv-1870 (7th Cir. May 16, 2014).… Continue Reading
The Sixth Circuit (in a 2-1 decision) recently held that ERISA Section 510 does not protect unsolicited employee complaints. See Sexton v. Panel Processing, Inc., 2014 U.S. App. LEXIS 8752 (6th Cir. May 9, 2014).… Continue Reading
Stephen Cohen, Associate Director in the Securities and Exchange Commission’s (SEC) Enforcement Division, recently advised companies being investigated to flaunt their compliance programs to the agency, according to an article in the Wall Street Journal (subscription required). More specifically, while speaking on a panel at the 2013 Corporate Whistleblowing Forum, Mr. Cohen suggested that companies … Continue Reading
Since launching our Whistleblower Defense Blog in November 2012, we have committed to becoming a go-to resource for timely and insightful content regarding critical legal developments in the whistleblower arena, and to provide practical guidance for tackling whistleblower issues in advance of and during litigation. Our coverage has ranged from cutting-edge decisions from courts around … Continue Reading
Earlier this month, the U.S. Department of Labor (DoL) settled a whistleblower claim brought by Robert Whitmore, a former DoL recordkeeping official, for $820,000. Mr. Whitmore alleged that he complained that the DoL failed to adequately monitor and enforce its record-keeping requirements—thereby affording employers the opportunity to under-report on-the-job injuries and illnesses—and was discharged as … Continue Reading
On March 5, 2013, the U.S. Court of Appeals for the Second Circuit “clarified” the burden-shifting framework for whistleblower claims brought under Section 806 of the Sarbanes-Oxley Act of 2002 (“SOX”), 18 U.S.C. § 1514A.[1] This blog posting summarizes the standard articulated in the decision.… Continue Reading
Employers who believe they have been subjected to frivolous whistleblower suits are starting to say “enough is enough,” and searching for ways to vindicate their rights and send a strong message. This case is illustrative and caught our eye. Kentucky employer Armstrong Coal (the Company) recently filed suit in Kentucky state court against former employee … Continue Reading
Proskauer has added leading Washington, D.C. employment litigator Connie N. Bertram as a Partner in its Washington, DC office, and she will serve as co-head of our preeminent whistleblower team. Her deep experience and success in the whistleblower space broadens our approach to effectively defending sensitive whistleblower claims and conducting related investigations. Connie comes from Cooley LLP, where she led … Continue Reading
On January 18, 2013, a former New Mexico Public Regulation Commission (PRC) employee prevailed in the first case to reach trial under the state’s Whistleblower Protection Act (NMWPA). Feliciano v. New Mexico Public Regulation Commission, et al., No. D-101-cv-2010-02008 (First Judicial District Court, State of New Mexico, County of Santa Fe). A jury awarded Aaron … Continue Reading
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