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Whistleblower Retaliation Verdicts and Settlements Under Federal and State Whistleblower Protection Laws

Whistleblower Retaliation Verdicts and Settlements

How does the False Claims Act protect whistleblowers against retaliation?

False Claims Act Qui Tam Whistleblower Protection The FCA protects: “lawful acts . . . in furtherance of an action under [the FCA]”; and “other … Continued

Can an SEC whistleblower obtain an award from a payment made under a DOJ deferred prosecution agreement or non-prosecution agreement?

Awards Paid from a Deferred Prosecution Agreement or Non-Prosecution Agreement In September 2020, the SEC revised its whistleblower rules to add a new paragraph (3) to … Continued

Are CFTC whistleblowers protected against retaliation?

Collapse Yes, Section 23(h)(1) of the Commodity Exchange Act prohibits retaliation by a covered employer against a whistleblower. The whistleblower protection provision of the CEA … Continued

Which whistleblower protection laws employ the contributing factor causation standard?

The “contributing factor” causation standard is favorable for whistleblowers. The words “a contributing factor” mean any factor which, alone or in connection with other … Continued

How to “Perfect” an SEC Whistleblower Tip to Qualify for an SEC Whistleblower Award

How to “Perfect” an SEC Whistleblower Tip to Qualify for an SEC Whistleblower Award The rules of the SEC Whistleblower Program require whistleblowers to follow … Continued

Anti-Money Laundering Whistleblower Protection Law

Collapse Are whistleblowers protected against retaliation for disclosing money laundering? Yes, the Anti-Money Laundering Act of 2020 protects anti-money laundering whistleblowers against retaliation, including whistleblowers who … 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

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

Are disclosures or complaints about internal controls protected under the SOX whistleblower law?

Internal Controls Whistleblowing Yes – disclosures about internal controls over financial reporting are protected under the Sarbanes-Oxley Act (SOX) whistleblower retaliation law. 17 C.F.R. § … Continued

What is the Virginia whistleblower retaliation law?

Effective July 1, 2020, Virginia’s whistleblower retaliation law affords broad protections to employees disclosing violations of Virginia or federal laws and regulations or engaging in other … 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.