Monthly Archives: February 2016
DC Circuit Rules Internal Investigation Documents Protected from Disclosure in FCA Cases
In a ruling that reversed the decision of a lower court, the D.C. Circuit recently determined that specific documents detailing internal audits are to be considered protected from disclosure under attorney-client privilege rules. The district court’s initial ruling had called for KBR, Inc. to produce various documents as evidence. The circuit court’s reversal, however, came […]
How to Reduce Risk Associated with Employees Leaving Your Company
There has been a growing amount of litigation under the False Claims Act in recent years, with many more cases being brought by current or former employees against their companies. Therefore, organizations should have prevention strategies in place to help mitigate the risk of FCA litigation brought forth by anyone who works or has worked […]
Why Do So Many Courts Have Differing Opinions on Whistleblower Protections Under Dodd-Frank?
The Dodd-Frank Act of 2010 contains a number of important rules regarding the protection of employees who blow the whistle on corporate wrongdoing. Numerous corporations have tried to strike down these rules by lobbying the Securities and Exchange Commission (SEC), but the federal agency realizes just how important it is to have comprehensive whistleblower protections […]
Attorney-Client Privilege Also Protects Employee-Employee Communications
The protections available in terms of attorney-client privilege often depend on the type of content found in the communications. Because of this fact, privilege logs almost never play a dispositive role in case analyses that courts perform. But occasionally, the adversary in the case will point to the data regarding “recipients” and “author” in a […]
New OSHA Directive Will Help to Create Earlier Resolutions of Whistleblower Complaints
In August, the Occupational Safety and Health Administration (OSHA) issued a variety of new policies to apply a new process that aim to create earlier, more efficient resolutions of whistleblower disputes. The new process will be used alongside regional alternative dispute resolution programs (ADR) as part of OSHA’s overall enforcement of whistleblower policies. ADR programs […]
Genesis Healthcare Faces FCA Action After Claims of Unnecessary Treatments
A group of therapists has filed a False Claims Act lawsuit against Genesis Healthcare LLC, claiming the organization was regularly overcharging the government for therapies and putting its patients through a number of unnecessary treatments to make more money. The plaintiffs in the suit are four occupational therapists and a speech therapist, all of whom […]
$20 Million Whistleblower Suit Filed Against Morgan Stanley
Two former brokers for Morgan Stanley who worked at the midtown Manhattan branch of the firm filed a lawsuit against the company and a manager of the branch worth $20 million in damages, claiming they were wrongfully fired after reporting alleged securities violations and fraud occurring at the branch. The employees are James Boland and […]
SOX Whistleblower Protection Still Important Remedy in Wake of Berman v. Neo@Ogilvy
The recent Berman v. Neo@Ogilvy case showed us that the whistleblower protections afforded in the Sarbanes-Oxley Act are still extremely important and relevant, despite many predictions that the whistleblower provision of the Dodd-Frank Act would make them obsolete. Claims under SOX remain an excellent remedy for whistleblowers who have been victims of retaliation in the […]
Key Highlights from the SEC’s 2015 Annual Whistleblower Report
The Securities and Exchange Commission’s Office of the Whistleblower released its yearly report on the Dodd-Frank Whistleblower Program to Congress in November. The report includes a variety of information about the OWB’s various activities and payouts for the fiscal year 2015. The following is some of the most interesting information found in the report: Since […]
