Whistleblower Protection Law Blog

Can Whistleblowers Disclose Secret Recordings to the SEC?

Many companies ban employees from making audio or video recordings in the workplace. Companies argue that these policies promote employee communication without the fear of being recorded. However, are these policies lawful? Can corporate whistleblowers provide recordings evidencing fraud to the SEC notwithstanding these policies? Taping and Disclosing Information to the SEC Can be Protected … Continued

Special Counsel Lerner’s legacy as a bold and effective whistleblower advocate

After six years leading the U.S. Office of Special Counsel, the terms of Special Counsel Carolyn Lerner and Principal Deputy Special Counsel Mark Cohen expired this week. During their tenure, Lerner and Cohen reinvigorated the agency’s enforcement of the Whistleblower Protection Act and transformed the agency into a powerful force to combat waste, fraud, abuse and other wrongdoing in … Continued

Congress Strengthens Whistleblower Protections for Federal Employees

Yesterday President Trump signed into law Follow the Rules Act, which prohibits an agency from taking a personnel action against an employee for refusing an order that would require the employee violate a law, rule or regulation. The Act overturns the Federal Circuit’s 2016 decision in Rainey v. Merit Sys. Prot. Bd., 2016 WL 3165617 (Fed. Cir. June … Continued

Whistleblower Lawyer Quoted About Comey’s Leak to the Press

An article in the Washington Examiner titled Is James Comey in trouble for ‘leaking’ his own notes? quotes whistleblower lawyer Jason Zuckerman about whether Mr. Comey’s disclosures to The New York Times could land him in hot water. The article notes that leaking government information can be punishable under the Espionage Act and other laws … Continued

Comey’s Testimony Underscores Need for Strong Whistleblower Protections

For me, the most telling moment of former FBI Director Jim Comey’s June 8th testimony occurred early in the hearing, when Mr. Comey choked up as he recalled the White House’s publicly stating that the President had fired him because the “FBI was in disarray.” This emotional display seemed out of character for Mr. Comey. … Continued

Leading SEC Whistleblower Law Firm Featured in Article About Growing Wave of Whistleblower Lawsuits

An article in the National Law Journal titled Law Firms React to Growing Wave of Whistleblower Lawsuits discusses the substantial growth in whistleblower rewards and whistleblower retaliation claims and mentions Zuckerman Law’s leading whistleblower practice. The article reports that several firms have expanded their whistleblower practices and that there has been an uptick in whistleblower … Continued

Sarbanes-Oxley Whistleblower Decision Clarifies Broad Scope of Protected Whistleblowing

A recent decision from the U.S. District Court for the Southern District of New York clarifies the broad scope of protected whistleblowing under the Sarbanes-Oxley Act (“SOX”). In Murray v. UBS Securities, LLC, the court held that: To be protected under SOX, an employee-whistleblower need only prove that he or she “reasonably believed” that his … Continued

Whistleblower Lawyer Hammer Quoted by Bloomberg About Rebound in Sarbanes Oxley Whistleblower Retaliation Claims

Whistleblower lawyer Dallas Hammer is quoted extensively in a Bloomberg BNA article titled Dodd-Frank Overhaul Could Spark Rebound in SOX Whistle-Blower Cases. Hammer provided Bloomberg with his insights about the likely impact of the Financial Choice Act on the Dodd-Frank SEC Whistleblower Program and the whistleblower protection provision of the Sarbanes-Oxley Act. Hammer made a few … Continued

SEC Whistleblower Attorney: Benefits of Experienced Representation

SEC Whistleblower Program In its short history, the SEC Whistleblower Program has already awarded more than $154 million to whistleblowers. Under the program, the SEC will issue awards to whistleblowers if they provide original information that leads to successful enforcement actions with total penalties in excess of $1 million. A whistleblower is eligible to receive … Continued

Whistleblower protection lawyer Eric Bachman quoted about workplace speech issues

Whistleblower lawyer Eric Bachman was quoted in a Lifehacker article “How to Agitate Politically Without Losing Your Job.” The article discusses how employees can be active politically while best protecting themselves from retaliation from their employer. The article suggests several factors to consider when deciding if and how to work on or speak out … Continued

How to Report EB-5 Visa Fraud and Earn an SEC Whistleblower Award

The EB-5 investment program, also affectionately known as the EB-5 visa-for-investment program, has experienced a dramatic increase in fraud and misrepresentation in EB-5 advertisements, EB-5 regional centers, and EB-5 projects. In 2016 alone, the SEC brought enforcement actions against nearly $1 billion worth of fraudulent EB-5 projects. The most common violations were misuse of investor … Continued

CFTC Strengthens Anti-Retaliation Protections for Whistleblowers and Improves CFTC Whistleblower Award Program

On May 22, 2017, the Commodity Futures Trading Commission (CFTC) unanimously approved amendments to its whistleblower rules that strengthen anti-retaliation protections for whistleblowers, prohibit “gag clauses” in employment agreements, and improve the CFTC Whistleblower Award Program. James McDonald, the Director of the CFTC Division of Enforcement, said the CFTC’s “approval of these rules today will … Continued