whistleblower rights and protections Archives

What is the Statute of Limitations for SEC Whistleblower Reward Cases?

Statute of Limitations for SEC Whistleblower Reward Cases The statute of limitations impacting SEC whistleblower reward cases is, with few exceptions, five years from the … Continued

What is a whistleblower?

What is a whistleblower? A whistleblower is a person who exposes wrongdoing. In the United States, there are federal and state laws that offer whistleblowers … Continued

What is the SEC Office of the Whistleblower?

SEC Office of the Whistleblower In 2011, the SEC Office of the Whistleblower was created pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection … 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

What Issues Should I Consider Before Filing an SEC Whistleblower Complaint?

Issues to Consider Before Filing an SEC Whistleblower Complaint Every client’s potential matter is unique and requires analysis of the specific violation that the whistleblower … Continued

What laws prohibit defense contractors from retaliating against whistleblowers?

False Claims Act Whistleblower Protection for Defense Contractor Whistleblowers The anti-retaliation provision of the False Claims Act provides robust protection to any employee, contractor, or … Continued

Is an employer’s knowledge of protected whistleblowing a separate element of a whistleblower retaliation case?

Courts are split as to whether knowledge of protected whistleblowing is a separate element in a whistleblower retaliation case. The Department of Labor’s Administrative Review … Continued

To engage in protected conduct, must a whistleblower cite a specific violation of law or regulation?

The Department of Labor’s Administrative Review Board and several federal courts have soundly rejected a “magic words” defense, an argument employers invoke in whistleblower retaliation … Continued

Is False Claims Act Whistleblower Protection Limited to Disclosures About the Whistleblower’s Employer?

No. The whistleblower protection provision of the False Claims Act (FCA) protects “lawful acts done by the employee, contractor, agent or associated others in furtherance of … Continued

Are disclosures about bank fraud protected under the Sarbanes-Oxley whistleblower law?

SOX Whistleblower Law Protects Disclosures About Bank Fraud Yes, a disclosure about bank fraud is protected conduct (protected whistleblowing) under the whistleblower protection provision of … Continued

Is constructive discharge a prohibited act of retaliation under SOX?

Is constructive discharge a prohibited act of retaliation under SOX? Retaliatory termination goes beyond “You’re fired!” Under the SOX whistleblower protection law, constructive discharge … Continued

What is the public disclosure bar in the False Claims Act?

False Claims Act Public Disclosure Bar The public disclosure bar prohibits a relator from bringing a False Claims Act lawsuit based on a fraud that … Continued