Whistleblower Law Blog

Jury Awards Pharma Whistleblower Over $760k in Retaliation Case

March 20, 2020
A federal district court in Massachusetts recently ordered Minneapolis based Coloplast to pay over $760,000 to Plaintiff, Amy Lestage, for retaliating against her after she and others filed a whistleblower complaint against the company.   In December 2011, pharmaceutical whistleblower, Lestage, along with two former...

ARB Rules “Hinting” at Filing an Undefined Complaint is Not Protected Activity

February 18, 2020
In October 2019, the Administrative Review Board (“ARB” or “the Board”) issued a noteworthy decision in Hoptman v. Health Net of California, affirming the dismissal of a pro se whistleblower retaliation claim under the Sarbanes-Oxley Act (“SOX”). See ARB Case No. 2017-0052, (Oct. 31, 2019). In Hoptman, the Board held the...

Courts and State Legislatures Broaden Claims Available to Cybersecurity Whistleblowers

February 13, 2020
Like the years immediately preceding it, 2019 marked another banner year for cybersecurity whistleblowers. Lawsuits relating to deficient corporate cybersecurity practices survived challenges in securities litigation and under the False Claims Act (“FCA”). The U.S. Department of Justice (“DOJ”) settled its first FCA case...

Board Holds that SOX Section 806 Does Not Apply Extraterritorially.

November 14, 2019
On September 18, 2019, the Administrative Review Board (ARB or the Board) issued an important decision in Hu v. PTC, Inc., holding that the Sarbanes-Oxley Act (SOX) whistleblower retaliation provision does not apply to individuals working outside the United States (U.S.). The Board’s decision in Hu appears to overturn its 2017...

Court Allows Army Translators to Proceed with Qui Tam Suit

November 11, 2019
A federal district court’s recent denial of a motion to dismiss a False Claims Act suit provides useful analyses of several recurrent issues in FCA cases, including the “original source” rule, pleading standards, and properly stating claims against multiple defendants.  A group of 29 whistleblowers (known as qui tam “...

Second Circuit Rules Dodd-Frank Whistleblower Claims Arbitrable

November 6, 2019
On September 19, 2019, the Second Circuit held that an employer may enforce a mandatory arbitration clause against an employee who brings a retaliation claim under the Dodd-Frank Act of 2010 (Dodd-Frank). See Daly v. Citigroup Inc., 939 F.3d 415 (2d Cir. 2019). In doing so, the court differentiated Dodd-Frank claims from...

What Motivates a Whistleblower?

November 1, 2019
Whistleblower rewards programs are often touted by government officials as an important tool in encouraging employees to bring unlawful activity that they observe at work to light. Large awards, occasionally reaching the multimillion dollar mark, are thought to act as incentives for individuals to come forward who might...

Senators Introduce Bipartisan Legislation Strengthening Protections for Whistleblowers

October 29, 2019
On September 23, 2019, Senators Chuck Grassley (R-IA), Tammy Baldwin (D-WI), Joni Ernst (R-IA), and Dick Durbin (D-IL) introduced the Whistleblower Programs Improvement Act (“WPIA”), S. 2529, to extend whistleblower protections to more individuals who report violations of securities and commodities laws.  The bill is...

Spike in CFTC Whistleblower Awards as Enforcement Expands in Four Key Areas

October 18, 2019
The U.S. Commodities Futures Trading Commission (“CFTC”) has recently released four alerts aimed at encouraging whistleblowers to come forward with information about money laundering, insider trading, foreign corrupt practices, or virtual currency fraud.  These public statements and a recent spike in awards under the CFTC...

Recent Legislation Expands Tax Whistleblower Awards and Provides Protection from Retaliation

October 17, 2019
Over the past two years, new legislation has enacted considerable reforms to the IRS’s whistleblower program and introduced protections for employees who report tax violations. The IRS Whistleblower Award Program The Internal Revenue Code (IRC) allows for awards to eligible whistleblowers who provide the IRS with information...

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