Whistleblower Law Blog

Whistleblower Suit Against Pharmaceutical Company Heads to Trial

March 14, 2019
Last month the United States District Court for the Southern District of New York ruled in favor of whistleblowers against a pharmaceutical company’s motion for summary judgment, setting up a trial on the whistleblowers’ claim that the company defrauded federal and state governments by illegally bribing and rewarding doctors...

New Study Confirms Efficacy of SOX-Mandated Internal Whistleblower Systems

February 19, 2019
Late last year, financial researchers Stephen Stubben and Kyle Welch published a first-of-its kind study analyzing the use of internal whistleblowing systems at over 900 publicly-traded companies in the United States. The study, “Evidence on the Use and Efficacy of Internal Whistleblowing Systems,” found wide variation in the...

Fourth Circuit Clarifies Broadened Scope of Protected Conduct Under the False Claims Act

February 14, 2019
On December 26, 2018, the U.S. Court of Appeals for the Fourth Circuit revived whistleblower David Grant’s False Claims Act (“FCA”) retaliation claim against his former employer United Airlines because the lower court applied the wrong standard. The Court reasoned that the 2010 amendments to the FCA broadened the scope of...

Ninth Circuit Solidifies Mandatory Escobar Test by Denying en banc Rehearing

December 11, 2018
On November 24, 2018, the Ninth Circuit denied the Stephens Institute’s petition for rehearing en banc in United States ex rel. Rose v. Stephens Institute, 901 F.3d 1124 (9th Cir. 2018), reh’g denied, --- F.3d ----, 2018 WL 6165627 (Nov. 24, 2018), a False Claims Act case in which the relators alleged an “implied false...

ARB Upholds $1.1 Million Award to Maritime Whistleblower

July 10, 2018
The Department of Labor Administrative Review Board (ARB) recently upheld a $1.1 million award to a ship captain who was forced out of his position after blowing the whistle on safety violations aboard his vessel.  John Loftus brought a complaint against his former employer, Horizon Lines, Inc. (later bought by Matson Alaska,...

Big Win for IRS Whistleblowers as U.S. Tax Court Ruling on 'Collected Proceeds' Stands

May 31, 2018
In March, a settlement between the IRS and two whistleblowers finally put to rest a long-pending dispute about the amount of money IRS whistleblowers can receive for successfully reporting tax fraud or other serious tax underpayments. Under the IRS whistleblower reward program, a whistleblower who provides information to the...

Pennsylvania Supreme Court Upholds $3.2M Whistleblower Award Based on Both Economic and Noneconomic Damages

April 2, 2018
Pennsylvania whistleblowers received a major win on Tuesday, March 28, 2018, when the Pennsylvania Supreme Court issued a unanimous decision affirming a $3.2 million verdict in favor of Pennsylvania Turnpike Commission (“PTC”) whistleblower, Ralph Bailets.  The decision was notable for two reasons: (1) it confirmed that...

Bank of America Lawsuit Shows Why Whistleblower Practitioners Should Think Beyond Federal Protections

March 20, 2018
A California jury awarded a former Bank of America employee over $550,000 in February – and that was before it determined its punitive damages award. The verdict demonstrates that there may be additional routes of recovery available to whistleblowers outside the confines of the federal whistleblower statutes. The Facts of the...

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...

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