Katherine Krems, Author at Zuckerman Law

How the IRS Whistleblower Program Can Combat Cryptocurrency Tax Fraud

Cryptocurrency Tax Fraud and Tax Evasion Due to weak reporting requirements that have not kept up with rapidly evolving technology, tax evaders have been able … Continued

SEC Cybersecurity Enforcement Action Underscores Why Cybersecurity Whistleblower Disclosures Should be Protected under SOX

There is mixed authority on whether the Sarbanes-Oxley whistleblower protection law protects disclosures about inadequate cybersecurity. Last year, in an unpublished decision, the Third Circuit … Continued

How to Report Spoofing and Earn an SEC Whistleblower Award

Spoofing and Market Manipulation Spoofing is a form of market manipulation where traders artificially inflate the supply and demand of an asset to increase profits. … Continued

Sixth Circuit Construes FCA to Prohibit Post-Employment Retaliation

When Congress enacted the whistleblower protection provision of the False Claims Act, it recognized that “few individuals will expose fraud if they fear their … Continued

Top 10 Ways Companies Cook the Books

Companies “cook the books” when they use accounting schemes and tricks to falsify their financial statements (i.e., their books) to make their results appear … Continued

DOL Judge Awards Airline Pilot $500,000 in Compensatory Damages in AIR21 Whistleblower Retaliation Case

In a decision finding that Delta violated the anti-retaliation provision of the AIR21 whistleblower protection law, Judge Morris awarded pilot Karlene Petit $500,000 in compensatory … Continued

Does a retaliatory investigation of a whistleblower violate whistleblower retaliation laws?

Retaliatory Investigations Against Whistleblowers Under certain whistleblower protection laws, a retaliatory investigation can be actionable. Two cases decided under the Federal Rail Safety Act … Continued

Court Holds that an Internal Complaint About a Potential HIPPA Violation is Protected Under New Hampshire Whistleblower Law

When an employee suffers retaliation for raising concerns to their employer about HIPPA violations, federal law generally does not provide a remedy for the … Continued

Image of SEC Adopts Amendments to Whistleblower Rules that Will Strengthen Some Aspects of the Program But Also Reduce Large Awards and Limit Protection Against Retaliation

SEC Adopts Amendments to Whistleblower Rules that Will Strengthen Some Aspects of the Program But Also Reduce Large Awards and Limit Protection Against Retaliation

By a vote of 3-2, the SEC adopted amendments to the rules governing the SEC Whistleblower Program. Now about a decade old, the program has … Continued

What is “sex-plus” discrimination and why are these employment claims on the rise?

“Sex-plus” discrimination claims expand Title VII’s protection to subgroups of employees who suffer discrimination based on multiple characteristics. Although these claims have typically been harder … Continued

Are disclosures or complaints about the books and records provisions of the FCPA protected under SOX?

FCPA Whistleblower Protection Yes – some disclosures or complaints about the books and records provisions of the Foreign Corrupt Practices Act (FCPA) are protected under … Continued

How can an employee recover unpaid commissions in Virginia?

Recent amendments to the Virginia Wage Payment Act give a plaintiff the right to sue for unpaid commissions in Virginia. Under the Wage Payment Act as amended in 2020, workers now have the right to sue in court for unpaid wages, including performance-based bonuses and commissions. A prevailing plaintiff can recover any unpaid commissions, as well as liquidated damages (double damages for most violations and treble damages for knowing violations), prejudgment interest, and reasonable attorneys’ fees and costs.

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