Whistleblower Protection Law Blog

False Claims Act Retaliation Law Protects Efforts to Stop an FCA Violation

A September 2016 decision in a False Claims Act (“FCA”) whistleblower retaliation case clarified the broad scope of protected whistleblowing for whistleblowers that suffer for retaliation for trying to stop fraud. In United States ex rel. Lee v. N. Adult Daily Health Care Ctr., No. 13-CV-4933-MKB, 2016 WL 4703653 (E.D.N.Y. Sept. 7, 2016), the whistleblowers … Continued

Dodd-Frank Whistleblower Decision Clarifies Broad Scope of Protected Whistleblowing

A recent decision in Kuhns v. Ledger, No. 15-civ-3246-NRB, 2016 WL 4705160 (S.D.N.Y. Aug. 24, 2016), underscores the broad scope of protected conduct under the Dodd-Frank Act’s whistleblower-retaliation provision. John D. Kuhns brought suit, alleging that NanoFlex Power Corp. terminated his employment in retaliation for his raising concerns about potential shareholder fraud. NanoFlex and other … Continued

EB-5 Investment Fraud SEC Whistleblower Lawyers

Fraudsters Use EB-5 Immigrant Investor Program To Scam Investors Recently, there has been rise in investment fraud through the EB-5 Immigrant Investor Program. The EB-5 program, administered by the U.S. Citizenship and Immigration Services (USCIS), provides a path to legal residency for foreigners who invest directly in a U.S. business or private regional centers … Continued

Whistleblower Recovers $250,000 in Punitive Damages

In Raye v. Pan Am Rys., Inc., ARB Case No. 14-074, slip op. (U.S. Dep’t of Labor Sept. 8, 2016), the U.S. Department of Labor’s Administrative Review Board (“ARB”) clarified the standard for assessing punitive damages awards under the anti-retaliation provision of the Federal Rail Safety Act of 1982 (“FRSA”). Punitive Damages in FRSA Whistleblower Retaliation … Continued

IRS Whistleblower Office Issues New Guidance on IRS Whistleblower Reward Process

The IRS Whistleblower Office has recently released Publication 5251 – The Whistleblower Claim Process. The new publication provides general guidance on the tax whistleblower program and clarity on the types of information whistleblowers should provide to the office. In addition, the publication explores what happens to claims after the IRS receives them, communication with the … Continued

False Claims Act whistleblower protection

Retaliatory Lawsuit Against Whistleblower Dismissed on Summary Judgment

On September 7, 2016, a Texas appellate court in MJS and Associates, LLC v. Master et al., No. 12-15-00219-CV (Tex. Ct. App. 2016) affirmed a ruling in favor of a False Claims Act whistleblower who was sued by her former employer MJS and Associates, LLC (MJS) for bringing a False Claims Act (FCA) suit. MJS … Continued

SEC Enforcement Director Touts Success of SEC Whistleblower Program

In a speech to whistleblower lawyers about the SEC’s Whistleblower Program, SEC Enforcement Director Andrew Ceresney praised the early success of the Whistleblower Program. He noted that since the inception of the program, whistleblower tips to the SEC have led to $500 million in sanctions, and the has paid over $107 million to 33 SEC … Continued

Whistleblower Lawyer Zuckerman Will Speak at ABA Panel About Recent Developments in Whistleblower Protection Law

Whistleblower lawyer Jason Zuckerman, Principal of Washington, DC firm whistleblower firm Zuckerman Law, will speak at the November 2016 ABA Annual Labor and Employment Law Conference on a panel titled Recent Developments in Whistleblower Protection Law. This panel will focus on the key developments in whistleblower retaliation claims, including: 1) the scope of protected … Continued

SOX Whistleblower Lawyer Zuckerman Will Speak at Employment Law Conference About SOX Whistleblower Protections

SOX whistleblower lawyer Jason Zuckerman will speak at the Florida Bar’s Hot Topics in Employment Law conference about recent developments in SOX. Zuckerman will address hot topics in Sarbanes-Oxley whistleblower protection, including: Recent decisions broadly construing SOX protected conduct; ARB and federal court decisions on SOX adverse actions; ARB decisions defining Sarbanes-Oxley “contributing factor” causation; … Continued

OSHA Issues New Guidance Barring Restrictions on Whistleblowing

OSHA’s Directorate of Whistleblower Protection Programs has issued new policy guidelines on provisions in settlement agreements that restrict whistleblowing. The policy guidance states that “OSHA will not approve a ‘gag’ provision that prohibits, restricts, or otherwise discourages a complainant from participating in protected activity,” and defines “protected activity” to include “filing a complaint … Continued

Sarbanes-Oxley Whistleblower Obtains $2.7M in Front Pay

Approximately one year ago, a federal jury awarded $1.6 million in compensatory damages to Julio Perez in a Sarbanes-Oxley whistleblower retaliation lawsuit. Following extensive post-trial briefing, Judge Loretta Preska issued a decision on August 30, 2016 awarding Dr. Perez $2,706,585.00 in front pay and denying defendant Progenics Pharmaceutical’s motion for a new trial. Front Pay … Continued

CFTC Proposed Regulations Will Protect Whistleblowers and Prohibit Gag Clauses

In a marked shift from its 2011 rulemaking implementing the whistleblower reward provisions of the Dodd-Frank Act, the U.S. Commodity Futures Trading Commission (CFTC) has issued proposed regulations that would authorize the CFTC to take enforcement action for whistleblower retaliation and prohibit gag clauses in employment contracts that deter employees from providing information to … Continued