Whistleblower Law Blog
MSPB: New Whistleblower Standard Applies to Pending Cases
The U.S. Merit Systems Protection Board (MSPB) ruled that a key provision of the Whistleblower Protection Enhancement Act (WPEA) should apply retroactively to any federal whistleblower case that was pending on the effective date of the statute: December 27, 2012.
The decision in Day v. Department of Homeland Security—which the MSPB said would affect a “substantial number” of cases—concerned Section 101 of the WPEA, which offers protection to federal employees who face retaliation for disclosing government wrongdoing under certain circumstances.
Tenth Circuit Gives Another Win to Sarbanes-Oxley Whistleblowers
Another federal appeals court has supported the U.S. Department of Labor in its move toward a more employee-friendly reading of the Sarbanes-Oxley Act (SOX), holding that the law protects whistleblowers who flag any SOX-related wrongdoing — not just fraud against shareholders.
Maryland Appeals Court Restores $650,000 Jury Verdict for Whistleblower
DISCLAIMER: THIS POST CONCERNS A CLIENT OF THE EMPLOYMENT LAW GROUP® LAW FIRM. THE RESULTS OF ALL CASES DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PAST SUCCESSES DO NOT PREDICT OR GUARANTEE FUTURE SUCCESSES.
A Maryland appeals court has reinstated a jury’s 2011 award of $650,000 to Donna Jackson, a plaintiff represented by The Employment Law Group® law firm, for her former employer’s retaliation after she reported a subordinate’s gender discrimination complaint.
ARB Again Holds that SOX Protects Employees Who Warn of Future Wrongdoing
The U.S. Department of Labor’s Administrative Review Board (ARB) upheld all aspects of a $1.2 million award to a whistleblower in a retaliation case under the Sarbanes-Oxley Act (SOX), echoing a recent Third Circuit decision and lending further authority to the ARB’s landmark Sylvester decision from 2011.
In Barrett v. e-Smart Technologies Inc., the ARB again held that SOX bans retaliation against employees who flag illegal activity that they believe is likely to occur — not just illegal activity that is already occurring.
Supreme Court Takes a SOX Case — But What’s Its Agenda?
The U.S. Supreme Court has agreed to hear its first retaliation case brought under the whistleblower provisions of the Sarbanes-Oxley Act (SOX).
The Court put Lawson v. FMR LLC on its docket for the term that begins in October 2013.
Tax Court Blasts IRS for ‘Obfuscation’ in Whistleblower Case
In an unusually blunt opinion, the U.S. Tax Court rebuked the Internal Revenue Service for continuing to fight award claims made by two anonymous whistleblowers — even as the agency was reopening the same claims in a related investigation.
In a dismissal order issued on May 10, 2013, Judge Maurice Foley slammed the IRS for providing “incomplete, misleading, and possibly inaccurate information” in the case.
After Blowing Whistle on Itself, Utah Hospital Chain Agrees to Pay $25.5 Million
Utah’s Intermountain Healthcare Inc. will pay $25.5 million to settle claims that it violated federal laws, including the Stark Law against profit-driven referrals by doctors.
Court Won’t Review Wiest; “Reasonable Belief” Is Law in Third Circuit
The U.S. Court of Appeals for the Third Circuit won’t grant an en banc review of an earlier panel decision that made it easier for whistleblowers to claim protection under the Sarbanes-Oxley Act (SOX).
As a result, SOX whistleblowers in that jurisdiction — which includes Pennsylvania and Delaware — now are shielded from retaliation as long as they acted under a “reasonable belief” that their company was acting fraudulently.
ARB Upholds Retaliation Award, Shows Broad Support for Punitive Damages
The U.S. Department of Labor’s Administrative Review Board (ARB) upheld a punitive-damages award of $100,000 in a truck driver’s retaliation case against UPS, flagging its broader reluctance to reject as excessive any punitive award under the Surface Transportation Assistance Act (STAA).
Contractor Pays $1.15 Million for Faking Partnership with Native American Business
An Alabama contractor agreed to pay $1.15 million to settle civil claims that it lied about hiring a Native American-owned company to help build barracks at two U.S. Army bases.
The Employment Law Group® law firm produces this blog to provide general news and information about the field of whistleblower law. The blog does not contain any legal advice upon which you should rely or act. Please read our disclaimer.
Editor-in-Chief
R. Scott Oswald
Contributing Editor
Laurence Hooper
Popular Topics
- Administrative Review Board (ARB)
- Dodd-Frank Act
- False Claims Act (FCA)
- Foreign Corrupt Practices Act (FCPA)
- Internal Revenue Service (IRS)
- Medicare Fraud
- Occupational Safety and Health Administration (OSHA)
- Sarbanes-Oxley Act (SOX)
- Securities and Exchange Commission (SEC)
- Securities Fraud
- Tax Fraud
- Title VII of the Civil Rights Act of 1964
- Whistleblower Protection Act (WPA)
