Whistleblower Law Blog

The Supreme Court Is Poised to Weigh in on a False Claims Act Circuit Split

August 29, 2022
Three pending petitions for writ of certiorari have asked the U.S. Supreme Court to resolve a split among the federal courts of appeals as to the pleading standard for False Claims Act (“FCA”) whistleblower claims. The FCA creates a right of action whereby either the government or private individuals can bring lawsuits against...

Updates: New York Whistleblower Law Expansions During COVID-19

June 21, 2022
On January 26, 2022, New York’s new legislation expanding protection for whistleblowers went into effect.  As we discussed in January, these expansions, as well as those enacted in 2020 affecting health care whistleblowers, have significant implications for both employees and employers.  The combined 2020 and 2021...

Legal Protections for Food Safety Whistleblowers

May 27, 2022
In February of this year, the FDA issued a warning to consumers that it was investigating complaints of cronobacter and salmonella infections in four infants who had consumed powdered baby formula from Abbott Nutrition’s Sturgis, Michigan processing plant.  Abbott then recalled the products in question, and has yet to...

California Supreme Court Ruling Affords Whistleblowers Greater Protection from Retaliation

April 25, 2022
With a recent decision from the California Supreme Court, Lawson v. PPG Architectural Finishes, 503 P.3d 659 (Cal. 2022), whistleblowers in California will face fewer legal obstacles when claiming that their employer retaliated against them for their whistleblowing activities. California’s whistleblower protection law,...

National Highway Traffic Safety Administration Issues $24 Million Whistleblower Award

January 31, 2022
On November 9, 2021, the National Highway Traffic Safety Administration (“NHTSA” or “the Agency”) awarded $24 million to whistleblower Kim Gwang-ho, a Hyundai engineer who provided information about safety violations involving engines seizing and catching fire in vehicles manufactured by Hyundai and its subsidiary Kia Motors....

New York Expands Protections for Whistleblowers

January 4, 2022
For the second year in a row, New York has passed new legislation expanding protection for whistleblowers, likely in response to the prevalence of both whistleblowing and retaliation in the era of COVID-19. Until these amendments, whistleblowers enjoyed relatively scant protection under New York state laws, and relied primarily...

CFTC Awards $200 Million to Whistleblower

November 29, 2021
Last month the Commodity Futures Trading Commission (CFTC) announced that it had awarded $200 million to a single whistleblower, by far the largest award it has ever granted. Prior to this award, the largest award given to any individual was about $30 million. While the US Securities and Exchange Commission (SEC) regulates the...

Update on CFTC Whistleblower Program and Recent Award

October 12, 2021
Concerns about whether the Commodities Futures Trading Commission (“CFTC” or “the Commission”) will have the resources to continue administering its whistleblower program were alleviated, at least in the short term, by Senate bill S. 409, signed by President Biden on July 6, 2021. The bill allows for the transfer of $10 million...

Protections for Whistleblowers Who Share Company Documents

October 11, 2021
Frances Haugen, a former product manager at Facebook, recently revealed her identity as the whistleblower who reported Facebook to the U.S. Securities and Exchange Commission (SEC) and provided internal Facebook documents to Congress and to the press. Questions have arisen about what kinds of protections she and other...

House Considers Enhanced Protections for Federal Government Whistleblowers

September 9, 2021
The Whistleblower Protection Act prohibits most employers in the federal executive branch from retaliating against employees and job applicants who lawfully report what they reasonably believe to be a legal violation or “gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to...

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