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...
After Digital Realty Trust: Bill Protecting Whistleblowers Heads to the Senate
July 24, 2019
On July 9, 2019, the U.S. House of Representatives passed H.R. 2515, also known as the Whistleblower Protection Reform Act of 2019 (“WPRA”). The WPRA is designed to address a gap in the whistleblower protections afforded under the Dodd-Frank Consumer Protection and Wall Street Reform Act of 2010 (“Dodd-Frank”), as...
6 Whistleblower Don'ts Every Employee Should Know
July 6, 2019
If you have blown the whistle on wrongdoing by your employer, there is a wealth of good advice about what you should do if you face retaliation. But it also is important to know what you shouldn’t do during the whistleblower process. Many employees ruin strong retaliation claims – and even expose themselves to legal liability...
Post-Escobar Ruling Further Defines Materiality in False Claims Act
June 4, 2019
In a May 2019 decision in the case of United States v. Aerojet Rocketdyne Holdings, Inc., a California court permitted whistleblower Brian Markus’s claims against Aerojet Rocketdyne Holdings, Inc. (“Aerojet”) to proceed under the False Claims Act (“FCA”), providing further guidance on the meaning of materiality in cases...
CFTC Grants Whistleblower Award of Over $2M
May 20, 2019
On March 4, 2019, the United States Commodity Futures Trading Commission (CFTC) for the first time awarded a whistleblower over $2 million for providing the Commission with information that led to a successful enforcement action for violations of the Commodity Exchange Act (CEA), and a related action brought by another federal...
Does the Law Mean What it Says? Supreme Court to Decide Time Limits on False Claims Act Lawsuits
May 14, 2019
UPDATE: The Supreme Court ruled to affirm the judgment of the Eleventh Circuit Court of Appeals. Whistleblowers will be able to benefit from section (b)(2)'s longer statute of limitations when bringing qui tam claims under the FCA.
By the end of June, the Supreme Court is likely going to decide an obscure question that could...
Pharmaceutical Whistleblower Awarded $1.8M for Unlawful Retaliation
April 17, 2019
New Jersey’s Conscientious Employee Protection Act, N.J. Stat. § 34:19-1 et seq. (“CEPA”), has resulted in another substantial whistleblower victory. According to Law360, in late February 2019, a New Jersey jury returned a verdict of over $1.8 million in favor of Min Amy Guo, a whistleblower who alleged that Novartis...
Ninth Circuit Affirms $8 million SOX Whistleblower Award
April 9, 2019
On February 26, 2019, the Ninth Circuit affirmed $8 million of an $11 million jury award to a former general counsel whistleblower, vacating his Dodd-Frank Act claim, vacating and remanding his Sarbanes-Oxley Act claim, and affirming his California wrongful termination claim. In January 2017, a jury found that defendants Bio-...
6 Ways Whistleblowers Can Protect Themselves
March 15, 2019
For government agencies and regulators seeking to deter and punish instances of fraud, corruption and other wrongdoing that threaten the public interest, cases are often proven thanks to essential information provided by employees on the “inside.” Those who report this pertinent information are known as “whistleblowers” and, by...
Whistleblower Suit Against Pharmaceutical Company Heads to Trial
March 14, 2019
Update: In January 2020, Teva Pharmaceuticals agreed to pay $54 million to settle FCA claims.
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...