Dallas Hammer, Author at Zuckerman Law

Ninth Circuit Rejects “Honest Belief” Defense in Whistleblower Retaliation Case

The Ninth Circuit’s recent opinion in Frost v. BNSF Railway Co. is an important win for whistleblowers in that it rejects employers’ attempts to impose a … Continued

Is Whistleblowing About Upcoding Protected Under the False Claims Act’s Anti-Retaliation Provision?

Yes. For example, in January 2019, Tennessee District Judge Pamela Reeves held that Thomas Forsythe, aformer physical therapist at a National Health skilled nursing facility,sufficiently … Continued

Consumer Financial Protection Whistleblower Prevails at DOL

On February 6, 2019, the U.S. Department of Labor ordered Hermitage Club Realty LLC (Hermitage), a real estate company based in Vermont, to provide relief … Continued

Can a Government Contractor Bring a False Claims Act Whistleblower Retaliation Claim?

When Congress amended the whistleblower protection provisions of the False Claims Actin 2009, it added “contractors” and “agents” to the ambit of protected whistleblowers. The … Continued

False Claims Act Whistleblower Prevails in First Circuit Appeal

In an appeal to the First Circuit, a False Claims Act (FCA) whistleblower prevailed and established favorable precedent about protections for whistleblowers alleging violations of … Continued

Can a whistleblower disclosure to the SEC about cybersecurity qualify for a SEC whistleblower award?

Yes, a disclosure about cybersecurity that leads to an enforcement action in which the SEC collects one million or more in penalties will qualify for … Continued

False Claims Act Retaliation Claim Does Not Preempt Massachusetts Wrongful Discharge Claim

Although federal whistleblower protection laws can provide robust protection against retaliation, most of them do not authorize punitive damages. Accordingly, some whistleblowers supplement statutory claims … Continued

Constructive Discharge Actionable Under False Claims Act Whistleblower Protection Law

False Claims Act Prohibited Retaliation When Congress included an anti-retaliation provision in the False Claims Act, it sought to “halt companies and individuals from using … Continued

Pennsylvania Supreme Court Affirms $1.6M Award of Non-economic Damages in Whistleblower Retaliation Case

In a unanimous opinion in Bailets v. Pennsylvania Turnpike Commission, the Pennsylvania Supreme Court affirmed an award of $1.6 million in non-economic damages in a … Continued

Third Circuit False Claims Act Retaliation Decision May Spur an Increase in NDAA Retaliation Claims

In a recent decision, Third Circuit affirmed the dismissal of a False Claims Act (FCA) retaliation claim, holding that FCA retaliation claims require a showing … Continued

Court Rejects “Duty Speech”/“Fraud Alert” Exception to False Claims Act Whistleblower Protection

False Claims Act (FCA) whistleblowers have enabled the federal government to recover nearly $30 billion, and in 2017 alone, qui tam cases filed by whistleblowers … Continued

Equifax Breach a Reminder That Cybersecurity Whistleblowers Have Protections

Equifax announced that it had suffered a breach of data belonging to as many as 143 million Americans. That’s about half the country. Worse, the breached … Continued

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