Whistleblower Law Blog

A VA Doctor's Suicide Results in New Whistleblower Protections

February 22, 2018
On October 26, 2017, a new law went into effect, aimed at ramping up protections for federal employees who report waste, fraud, or abuse in the federal government and ensuring accountability for supervisors who retaliate against them.  The Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017, named for a whistleblower who...

How the Bipartisan Budget Act Will Benefit Whistleblowers

February 13, 2018
On February 9, 2018, President Trump signed into law the Bipartisan Budget Act of 2018. Two provisions of the law that have received little coverage in the press provide a great boon for whistleblowers seeking awards through the SEC, CFTC, and IRS whistleblower programs, as well as any state false claims act. In order to...

Judge Finds that 'Technical' Stark Law and Anti-Kickback Statute Violations Constitute False Claims for Payment

November 14, 2017
In late August 2017, a federal judge in Pennsylvania held that violations of the federal Stark Law and Anti-Kickback Statute that defendants characterized as merely “technical” were, in fact, material to the federal government’s decision to reimburse healthcare entities for goods and services. See U.S. ex rel. Emanuele v....

Police Whistleblowers Could Help Curb Unethical Practices within the Force

October 25, 2017
A jury in Idaho recently awarded an Idaho State Police (ISP) whistleblower a verdict of $1.53 million on his charges of unlawful retaliation in violation of the Idaho Protection of Public Employees Act. Detective Brandon Eller had been marginalized, denied a pay increase, and transferred into less attractive night and weekend...

The Need for Whistleblower Protections at the Office for Human Research Protections

October 19, 2017
According to a recent investigative report by the Department of Health and Human Services (HHS) Office of Inspector General (OIG), employees’ fear of reprisal may limit the Office of Human Research Protections’ (OHRP) ability to enforce protections for human subjects at research institutions with HHS-funded grants or contracts...

What Is the Duty Speech Doctrine and How Does It Affect Whistleblower Protections?

October 12, 2017
It is beyond dispute that employees who blow the whistle on unlawful conduct should be protected from retaliatory personnel actions. Because these workers often risk their careers to shed light on matters affecting the public interest, a legal system that permitted employers to silence whistleblowers could cause substantial...

Third Circuit Declares that New Jersey Whistleblower Protections Are More Than “Skin-Deep”

October 4, 2017
In a recent victory for whistleblowers, a prominent federal appellate court reiterated its expansive interpretation of New Jersey state whistleblower protections when it revived a patent lawyer’s lawsuit against his former employer. In Trzaska v. L’Oréal, the U.S. Court of Appeals for the Third Circuit overturned a trial court’...

Study Proves the Value of Whistleblowers in Bringing Down Fraudsters

August 31, 2017
A recent study published in the Journal of Accounting Research examines whether the participation of a whistleblower affects the outcome of an enforcement action against companies that commit financial fraud. The study seeks to quantify the impact of a whistleblower’s tip or assistance during an investigation on the final...

AG Sessions Vows to Continue Enforcement of FCPA

July 6, 2017
Attorney General Jeff Sessions recently affirmed the administration’s commitment to enforce the Foreign Corrupt Practices Act (“FCPA”), the anti-bribery law that President Donald Trump had once ridiculed as a “horrible law” before he ran for office. On April 24, Sessions addressed attendees at the Ethics and Compliance...

Ninth Circuit Whistleblower Case a Reminder that Small Changes to Strategy Can Have Big Impacts on Outcomes

June 20, 2017
In Rocheleau v. Microsemi Corp., Inc., No. 15-56029, --- F. App’x ---, 2017 WL 677563 (9th Cir. Feb. 21, 2017), the Ninth Circuit affirmed the decision of the U.S. District Court for the Central District of California to dismiss a plaintiff’s claims under the whistleblower protection provisions of the Dodd-Frank Act and the...

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