Corporate Whistleblower Protection and Retaliation Laws

Must a whistleblower prove that the individual who made the final decision to take the adverse action has personal knowledge of the whistleblower’s protected activity?

Must a whistleblower prove that the individual who made the final decision to take the adverse action has personal knowledge of the whistleblower’s protected activity?

Establishing Knowledge of SOX Protected Conduct The second element of a SOX claim is knowledge…

7 years ago

Are disclosures made in the course of performing one’s job duties protected?

  Disclosures made in the course of performing one’s job duties are protected under the…

7 years ago

What are some types of proof to show that a disclosure is objectively reasonable?

Proving that a Disclosure is Objectively Reasonable Some of the options to prove that a…

7 years ago

How Can a Whistleblower Get an Award from the SEC Whistleblower Program?

  5 Tips to get an SEC Whistleblower Award Tip #1: Quickly Determine Eligibility Analyzing…

7 years ago

Are cybersecurity whistleblowers protected against retaliation?

The Sarbanes-Oxley Act of 2002 (SOX) will often protect cybersecurity professionals who work directly for…

7 years ago

What is materiality under the False Claims Act?

The False Claims Act (FCA) defines “material” as “having a natural tendency to influence, or…

7 years ago

What is “Scienter” Under the False Claims Act?

Scienter Under the False Claims Act Does Not Require Proof of Specific Intent An ordinary breach…

7 years ago

Is a Violation of the Anti-Kickback Law Also a Violation of the False Claims Act?

  Stark Act Violations or Kickbacks Can Violate the False Claims Act Both the Stark…

7 years ago

Why does the Dodd-Frank Act protect whistleblowers?

  Like Sarbanes-Oxley, DFA was passed in the wake of a financial scandal—the subprime mortgage…

7 years ago

How can a whistleblower prove retaliation?

Circumstantial Evidence Proving Retaliation Circumstantial evidence of retaliation includes: temporal proximity; indications of pretext; inconsistent…

7 years ago

Does a SOX whistleblower need to prove that the employer’s reason for the adverse action is untrue?

A SOX whistleblower is not required to disprove the employer’s allegedly legitimate, non-retaliatory reason for…

7 years ago

Does OSHA prohibit gag clauses in settlement agreements?

OSHA Prohibits Gag Clauses in Settlement Agreements When a whistleblower retaliation case is resolved before…

7 years ago