Whistleblower Law Blog
Whistleblowing Attorney Can Use Privileged Information as Evidence in Retaliation Case, Court Rules
March 3, 2017
When an in-house attorney’s duty of confidentiality to a company seems to conflict with whistleblower protections, which rules prevail? In a December 2016 decision in Wadler v. Bio–Rad Laboratories, Inc., a California federal district court ruled that, at least under the federal Sarbanes Oxley (SOX) and Dodd-Frank acts, federal...
IRS Whistleblower Office Has Record Year, According to Annual Report
February 28, 2017
In 2016, the Internal Revenue Service (“IRS”) whistleblower reward program marked its 10th anniversary. The program has helped ensure that businesses and wealthy individuals pay their fair share of taxes by rewarding people who come forward to report underpayment and tax evasion. Under the program’s guidelines,...
Study Supports Claim that Whistleblowing Improves Business Practices
February 8, 2017
Many people have strong opinions about employees who speak out about wrongdoing or illegal activity in the workplace. To some, whistleblowers are heroes whose courage against corporate misconduct is a public service that benefits all of us. To others, whistleblowers are mercenaries who seek fame or fortune at the expense of...
What Does Trump's Presidency Mean for Dodd-Frank Whistleblowers?
January 19, 2017
As one of his early acts as president, Donald Trump has promised to dismantle the Dodd-Frank Wall Street Reform and Consumer Protection Act, the landmark legislation Congress passed in reaction to the 2008 financial crisis. As of this writing, the soon-to-be inaugurated President Trump has provided nothing more than general...
OSHA Final Rule Protects Automotive Whistleblowers Under MAP-21
January 12, 2017
In December 2016, the U.S. Occupational Safety and Health Administration (OSHA) announced that it had issued a final rule regarding the enforcement of retaliation protections under the Moving Ahead for Progress in 21st Century Act (“MAP-21”), 49 U.S.C. §30171. MAP-21 was enacted in 2012 to provide whistleblower protection to...
Whistleblowers Receive Millions for Reporting Major Pharmaceutical Kickback Scheme
January 4, 2017
Earlier this fall, the U.S. Department of Justice announced a $28 million settlement with Omnicare Inc., the largest nursing home pharmacy company in the United States (now owned by CVS Health Corporation). The settlement resolved multi-year litigation originally brought by private whistleblowers as a qui tam lawsuit under the...
Seventh Circuit Reconsiders Case in Light of Supreme Court’s 'Implied False Certification' Holding
December 20, 2016
Although the Supreme Court in Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016) widened the scope of potential claims that qui tam relators may bring under the False Claims Act (FCA), 31 U.S.C. § 3729 et seq., this expansion did not revive the relator’s claim in United States ex rel....
SCOTUS Rules Breach of Seal Requirement Doesn't Sink FCA Whistleblower Case
December 13, 2016
On Dec. 6, the Supreme Court of the United States decided State Farm Fire and Casualty Company v. U.S. ex rel. Rigsby, an important False Claims Act (FCA) case that could have a major impact on whistleblowers and their lawyers. The Court ruled 8-0 in favor of the whistleblowers, with Justice Kennedy writing the Court’s opinion...
Whistleblowers Awarded $29M for Reporting Massive Healthcare Fraud
December 8, 2016
The Justice Department announced in late October that it had entered into an agreement with Life Care Centers of America Inc. (Life Care) and its owner, Forrest L. Preston, under which Life Care will pay the DOJ $145 million to resolve allegations that the skilled nursing facility (SNF) chain violated the False Claims Act (FCA...
Seventh Circuit Interprets "Reasonable Belief" in FCA Retaliation Claim
November 17, 2016
Although the amendments to the 2009 Fraud Enforcement and Recovery Act (FERA) expanded the scope of the False Claims Act’s (FCA) retaliation protections, this expanded scope was of no help to Eric Uhlig in his recent suit against his employer. See United States ex rel. Eric Uhlig v. Fluor Corp, 2016 WL 5905714 (7th Cir. Oct. 11...
