Author Archives: Steve Kardell
Whistleblower Lawsuit Proceeds Against Pennsylvania Turnpike
A former Pennsylvania Turnpike Commission manager filed a whistleblower lawsuit against the agency, alleging he was wrongfully terminated in 2008 after he reported various wasteful practices, politically motivated contracts and other alleged improprieties. The case was given the green light to proceed this fall. The former manager, Ralph Ballets, had worked for the PTC from […]
Kmart Pays $1.4 Million Settlement in Medicare Fraud Case
The Kmart Corporation has agreed to pay $1.4 million to settle allegations by the federal government that it violated the False Claims Act. The U.S. Department of Justice said Kmart was accused of inducing beneficiaries under Medicare to fill prescriptions at Kmart pharmacies. According to reports, Kmart let Medicare beneficiaries use coupons from drug manufacturers […]
First ACA Whistleblower Claim Resolved with $6.88 Million Settlement
In the first-ever healthcare fraud lawsuit resulting from whistleblower actions under the Patient Protection and Affordable Care Act, a provider of home medical care services to medically vulnerable children has agreed to pay a settlement worth $6.8 million. As a part of the settlement, the two whistleblowers who alerted authorities to the company’s wrongdoing split […]
Alternative Dispute Resolution Can Work Well in Whistleblower Cases
When Congress passed the Sarbanes-Oxley Act of 2002, it included a whistleblower provision (Section 806) that protected employees of public companies who were victims of retaliation after they had either disclosed or complained about fraudulent acts by their employers. Since then, the number of cases that can be brought under SOX has been significantly increased. […]
SEC Clarifies Discrepancy in Whistleblower Definitions
An important milestone in U.S. whistleblower protections came last August when the Securities and Exchange Commission (SEC) clarified some existing discrepancies in what constitutes “whistleblowers” and the protections afforded to them. There had previously been some questions as to whether whistleblowers were entitled to protection under the Dodd-Frank Wall Street Reform and Consumer Protection Act […]
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 […]
