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Monthly Archives: June 2014

Mediating with Whistleblowers Who Have Suffered Retaliation

Winston Churchill once said, “Courage is what it takes to stand up and speak. Courage is also what it takes to sit down and listen.” Whistleblowers take it upon themselves to stand up and speak when they believe something is wrong. Unfortunately, they are rewarded all too frequently by aggressive retaliation from their superiors. Remember, […]

Whistleblower Retaliation at the Department of Veterans Affairs

The Department of Veterans Affairs has been assaulted from all sides in light of recent revelations regarding the quality of care and administration cover-ups. With the alleged misconduct so pervasive, it may seem surprising that no one came forward sooner. As public opinion about the VA and its high-level administrators just keeps getting worse, it […]

Ethical Challenges Lawyers Face Under Sarbanes-Oxley

Deciding to report internal misconduct can be difficult for any employee or officer of an organization. For members of the legal profession, however, the decision can easily conflict with their ethical obligations. Lawyers working as in-house counsel have long struggled with the apparent contradictions between their own professional ethical rules and the whistleblowing requirements of […]

What Happens When You Blow the Whistle and Everyone Ignores You?

If a tree falls in the forest and nobody is around to hear, does it make a sound? The answer to this quantum theory question depends on the interpretation of perception and reality. Whistleblower Harry Markopolos must have felt entangled in this conundrum as he made lots of noise about Bernie Madoff, but nobody seemed […]

CFTC Starts Flexing Muscle in New Whistleblower Program

Although it has been nearly four years since the passage of the massive Dodd-Frank Wall Street Reform and Consumer Protection Act, changes to the Act and the myriad of regulations that support it are common. New programs directed under the Act continue to come online. Recently, a new whistleblower program created by the Act under […]

OSHA Supports Drivers Who Refuse to Violate the Law

Hours of service (HOS) regulations are intended to prevent truck drivers from driving while they are dangerously tired. Other Federal Motor Carrier Safety Administration (FMCSA) rules require sick leave for ill drivers and those taking prescription narcotics. These regulations protect all drivers and passengers from the serious tractor-trailer accidents that become more likely when a […]

For Wall Street Fraudsters, Business As Usual

John F. Kennedy once quoted Dante: “The hottest places in hell are reserved for those who, in times of great moral crisis, maintain their neutrality.” Unfortunately, on Wall Street, maintaining neutrality — or feigned ignorance — is often rewarded, whereas speaking out is punished. The 2010 Dodd-Frank Act rights this wrong by incentivizing whistleblowers with […]

2014: A Big Year in Whistleblower Laws

The Securities and Exchange Commission (SEC) began the whistleblower program on July 21, 2010 to incentivize people to come forward with information about financial wrongdoing. Under the program, a whistleblower is entitled to 10 to 30 percent of money collected by the SEC based upon the original information voluntarily provided. The program also forbids retaliation […]

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