Searching Content indexed under Whistleblowing by Sheppard Mullin Richter & Hampton ordered by Published Date Descending.
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Do NOT Give NDAs The Short Shrift
Several states have passed new laws restricting use of nondisclosure agreements (NDAs), making it timely for companies to review their policies and practices.
United States
15 Apr 2019
Supreme Court Resolves Circuit Split On Scope Of Whistleblower Protections
The decision resolved a circuit split over whether such reporting is required for recovery under the Act's retaliation provisions.
United States
2 Mar 2018
The Enforcement Risks For Medicare Advantage Plans Continue: A New False Claims Act Settlement In Florida
Recent activities of the Department of Justice ("DOJ") and Qui Tam whistleblowers reveal that Medicare Advantage Plans remain at the forefront of investigations for violations of the federal False Claim Act...
United States
23 Jun 2017
New Year, New Rules For Employers Doing Business In California
This year the California Legislature added over a dozen new employment laws, many of which take effect on January 1, 2016.
United States
8 Dec 2015
SCOTUS: No Unlimited Suspension Of The Statute Of Limitations Under The False Claims Act; "First-To-File" Doctrine Does Not Bar Related Suits In Perpetuity
For purposes of the FCA's "first-to-file" bar, the FCA only limits a lawsuit based on the same underlying facts as another case that is actually open and pending when the later lawsuit is filed.
United States
29 May 2015
SEC Takes Aggressive Approach To Fortify Dodd-Frank’s Whistleblower Rules
The SEC did not find that the KBR confidentiality agreement ever actually hindered an employee from discussing a potential securities law violation with the SEC.
United States
23 Apr 2015
Add Importers To Those Facing Expanding Whistleblower Claims Under The False Claims Act
On February 12, 2015, the Department of Justice (DOJ) announced that three U.S.-based importers had agreed to pay more than $3 million to resolve a lawsuit brought by the United States...
United States
11 Mar 2015
You Again?: Application Of The First-To-File Bar Where Subsequent Actions Are Brought By The Same Relator
The Federal False Claims Act ("FCA"), 31 U.S.C. § 3729, et seq., has unique procedural aspects that come into play when a private whistleblower (the "relator") seeks to sue on behalf of the Government.
United States
2 Mar 2015
Recent Developments In Cases Dealing With The False Claims Act’s First-To-File And Public Disclosure Bars
The False Claims Act enables whistleblowers—also known as qui tam relators— to file fraud suits on behalf of the United States against private government contractors.
United States
3 Nov 2014
Sarbanes-Oxley Whistleblower Protections Cover Employees Of A Public Company’s Private Contractors
On March 4, 2014, the United States Supreme Court, in a 6-3 decision, expanded the protections offered to whistleblowers under anti-fraud laws, in Lawson v. FMR LLC.
United States
28 Mar 2014
United States Supreme Court Holds That Section 806 Of The Sarbanes-Oxley Act Extends To Employees Of Private Companies Who Are Contractors Or Subcontractors For Covered Public Companies
The SOX whistleblower protection provision protects employees of publicly traded and privately held companies that are (sub)contractors for a publicly traded company.
United States
17 Mar 2014
Dodd-Frank Whistleblower Protection: For America Only
The U.S. District Court for the Southern District of New York has held that the whistleblower protection provisions of the Dodd-Frank Act do not apply outside the United States, even where the employee alleged he was terminated for raising compliance concerns under U.S. international law.
United States
22 Nov 2013
SEC Awards $14 Million To Whistleblower
The SEC awarded more than $14 million to a whistleblower earlier this month in exchange for information that helped the SEC bring an enforcement action against the perpetrators of an investment fraud in less than six months after the report.
United States
1 Nov 2013
Siemens Whistleblower Complaint Underscores Need For "Top-Down" Anti-Corruption Compliance
In 2008, Siemens AG paid $800 million to settle charges that it had violated the Foreign Corrupt Practices Act, which generally prohibits bribery of foreign officials for the purpose of obtaining or retaining business.
United States
4 Feb 2013
Sixth Circuit: FERA False Claims Act Amendment Applies Retroactively To Cases Pending As Of June 7, 2008
On November 2, 2012, the Sixth Circuit held that a 2009 amendment Congress made to the liability provisions of the False Claims Act ("FCA") applies retroactively to civil FCA cases pending as of June 7, 2008. U.S. ex rel. Sanders v. Allison Engine Co., Nos. 10-3818/10-3821, at *17-20 (6th Cir. Nov. 2, 2012).
United States
4 Dec 2012
S-O-X Protects Only Public Company Whistleblowers, Or Does It?
Thomas Spinner was a CPA whose firm provided accounting and audit services to a public company. Spinner’s accounting firm was not publicly-traded.
United States
13 Nov 2012
How Compliance Programs Can Really Reduce Risk
A compliance program sends an important message to employees that mistakes will occur and that employees have an affirmative duty to report those mistakes so that they may be corrected.
United States
2 Mar 2012
Department of Labor's Administrative Review Board Interprets Term "Adverse Action" Under SOX More Expansively Than It Is Interpreted Under Title VII
The Department of Labor’s Administrative Review Board ("ARB") recently held that the Sarbanes-Oxley Act ("SOX") provides greater protections to whistleblowers than Title VII provides to covered employees.
United States
8 Nov 2011
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