Searching Content indexed under Whistleblowing by Holland & Knight ordered by Published Date Descending.
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Eleventh Circuit Affirms Vitality Of Employee Exemption To The Anti-Kickback Statute
On Aug. 7, 2018, the U.S. Court of Appeals for the Eleventh Circuit affirmed the dismissal of a whistleblower case brought under the federal False Claims Act.
United States
6 Sep 2018
EMTALA As A Basis For A Qui Tam Case?
The Emergency Medical Treatment & Labor Act (EMTALA) requires a hospital with an emergency department (ED) to provide "an appropriate medical screening examination" ...
United States
13 Aug 2018
Dodd-Frank Protects Only Employees Who Blow Whistle To The SEC
To whom must an employee report suspected misconduct to qualify as a "whistleblower" under the Dodd-Frank Act?
United States
28 Feb 2018
Electronic Health Records Vendor Settlement Of FCA Suit May Be A Wakeup Call For Healthcare IT
On May 31, 2017 the Department of Justice announced that EHR vendor eClinicalWorks (ECW) has agreed to settle a whistleblower suit brought under the False Claims Act (FCA) for $155 million
United States
13 Jun 2017
Healthcare Law Update: December 2016
In United States of Am. et al. ex rel. Ruscher v. Omnicare, No. 15-20629, 2016 WL 6407128 (5th Cir. Oct. 28, 2016), the court of appeals affirmed summary judgment for Omnicare...
United States
6 Jan 2017
OSHA Issues Final Rule On Complaints Under Affordable Care Act's Anti-Retaliation Provision
On Oct. 13, 2016, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued a final rule governing employee retaliation claims under Section 18C...
United States
3 Nov 2016
SEC Gives Maximum Award In First Whistleblower Retaliation Case
On April 28, 2015, the SEC announced that it awarded a whistleblower the maximum award of 30 percent of the amounts collected in connection with the SEC's first anti-retaliation case.
United States
8 Jun 2015
In-House Counsel Risk SEC Enforcement For Some Confidentiality Agreements
Confidentiality agreements are boilerplate in many legal departments, but they shouldn't be.
United States
13 Apr 2015
SEC Enforcement Action Puts Publicly-Traded Contractors’ Internal Investigation Policies In The Crosshairs
KBR, Inc., has agreed to pay a civil money penalty of $130,000 to settle allegations by the Securities and Exchange Commission that KBR violated the Dodd-Frank Wall Street Reform and Consumer Protection Act.
United States
7 Apr 2015
DOJ Criminal Division Renews Efforts To Investigate Whistleblower Allegations
Department of Justice Criminal Division Assistant Attorney General Leslie Caldwell announced a new process signaling a heightened effort to bring criminal prosecutors into the loop regarding False Claims Act referrals and other whistleblower complaints.
United States
19 Nov 2014
Commission-Based Sales Agreements For Medical Supplies And Equipment: More Whistleblower Activity On The Horizon?
The practice of compensating independent contractor sales representatives on a commission basis may be creating a risk of FCA liability for illegal kickbacks.
United States
1 Jul 2014
Religious Institutions: March 2014
Under state and federal law, "whistleblowers" are a protected class and a broader category of persons than intuitively you might guess.
United States
11 Mar 2014
New California Employment Laws For 2014: What Your Business Needs To Know
The California Legislature enacted numerous employment laws in 2013 that affect California employers.
United States
30 Dec 2013
Second Circuit Holds In-House Lawyer Precluded From Blowing Whistle On Former Employer
The Second Circuit issued an opinion tackling the interplay between an attorney's ethical obligation to maintain client confidences and the ability to act as a "whistleblower" to report unlawful conduct to the government.
United States
12 Nov 2013
Employer Not Automatically Liable for Supervisor’s Safety Violations
The 11th U.S. Circuit Court of Appeals rejected a long-standing position of the Occupational Safety and Health Review Commission (OSHRC) that an employer can be held responsible for safety violations that an employee in a supervisory position commits.
United States
15 Aug 2013
Two Years Later: What We Know About Dodd-Frank's Whistleblower Provisions
In the wake of a number of highly publicized corporate scandals, many of which involved both SEC enforcement and criminal prosecution (WorldCom, Adelphia, Tyco and Enron, among others), Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010.
United States
18 Jul 2013
SOX Whistleblower Protection Expanded By A Federal Appeals Court
A federal appeals court recently made it substantially easier for plaintiffs to assert claims that they were fired for "whistleblowing" activity protected by the Sarbanes-Oxley Act ("SOX").
United States
10 Apr 2013
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