Whistleblower Lawyers Archives

Are cybersecurity whistleblowers protected against retaliation?

The Sarbanes-Oxley Act of 2002 (SOX) will often protect cybersecurity professionals who work directly for public corporations or those corporations’ service providers. Yet further, the Dodd-Frank Act of 2010 (DFA) could allow information security workers to receive a whistleblower reward for reporting cybersecurity concerns to the U.S. Securities and Exchange Commission (SEC) or the U.S. Commodity Futures Trading Commission (CFTC), in some cases.

How do I choose the best whistleblower attorney?

Choosing the Best Whistleblower Attorney for Your Whistleblower Reward or Whistleblower Retaliation Claim There is no shortage of whistleblower law firms and whistleblower attorneys … Continued

Can tax whistleblowers remain anonymous?

Tax Whistleblower Anonymity – IRS Whistleblower Program The IRS Whistleblower Program does not expressly authorize tax whistleblowers to submit tips anonymously and remain eligible for … Continued

What is the purpose of the False Claims Act whistleblower protection provision?

False Claims Act Whistleblower Protection The whistleblower protection provision of the False Claims Act encourages private citizens to act as whistleblowers when they suspect … Continued

What is materiality under the False Claims Act?

The False Claims Act (FCA) defines “material” as “having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.” 31 U.S.C. § 3729(b)(4).

What is “Scienter” Under the False Claims Act?

Scienter Under the False Claims Act Does Not Require Proof of Specific Intent An ordinary breach of a government contract caused by an honest mistake ordinarily … Continued

Why does the Dodd-Frank Act protect whistleblowers?

Like Sarbanes-Oxley, DFA was passed in the wake of a financial scandal—the subprime mortgage bubble and subsequent market collapse of 2008. See Samuel C. Leifer, Note, Protecting … Continued

Does the False Claims Act Prohibit Bid Rigging?

Bid rigging can violate the False Claims Act (FCA) under a fraudulent inducement theory. In a seminal FCA case, electrical contractors entered into a collusive … Continued

What types of false claims are prohibited by the False Claims Act?

False Claims Prohibited by the False Claims Act The False Claims Act permits whistleblowers, also known as qui tam relators to recover damages on behalf of … Continued

How can a whistleblower prove retaliation?

Circumstantial Evidence Proving Retaliation Circumstantial evidence of retaliation includes: temporal proximity; indications of pretext; inconsistent application of an employer’s policies; an employer’s shifting explanations for … Continued

Can I sue an individual under the Sarbanes-Oxley Act?

Individual Liability Under SOX Whistleblower Protection Law Yes, a whistleblower can bring a SOX retaliation claim against an individual who has the functional ability … Continued

Must a NDAA Whistleblower Retaliation Plaintiff Prove a Subjective Belief of a Violation?

Protected Whistleblowing Under NDAA Whistleblower Law The whistleblower protection provisions of the NDAA protect the disclosure of information that the employee reasonably believes is … Continued

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