Tag: Retaliation

Article on In-House Attorney Whistleblowers

The recent $10 million jury award to a general counsel turned whistleblower in Wadler v. Bio-Rad Laboratories, Inc., Case No. 15-cv-02356 (N.D. Cal. Dec. 20, 2016), which I will address in a deeper dive in a few days, highlights the complexities of whistleblower claims by in-house counsel. I recently published an article on the very issue…




Obamacare’s Anti-Retaliation Provisions Protect Whistleblowers

In addition to expanding the definition of “original source” under the False Claims Act, broadening the class of relators, the Patient Protection and Affordable Care Act of 2009 (ACA or Obamacare) also adds several provisions to an ever expanding litany of federal statutory schemes that provide whistleblowers protection from retaliation and a private right of…




Dangers and Opportunities: Retention of Employer Documents by Whistleblowers

One of the recurring issues in whistleblower lawsuits is the retention of documents.  Many whistleblowers feel compelled to accumulate and retain documents from their employer that prove the existence of the wrongful conduct that they are blowing-the-whistle on.  This accumulation and retention of documents presents both benefits and dangers.  In the next few blog posts…




Truck

OSHA Finds Retaliatory Lawsuit Violates STAA and Awards Whistleblowers $60,000

Whistleblowers are often subjected to retaliation for their attempts to expose and correct dangerous and illegal behavior.  In the majority of situations it’s the whistleblower’s career that suffers because of his or her employer’s retaliatory conduct.  However, in some situations the retaliation goes even farther. On October 23, 2013, OSHA ruled in favor of a…




SDNY Holds Dodd-Frank Anti-Retaliation Provision Does Not Protect Foreign Whistleblower

On October 21, 2013, the U.S. District Court for S.D.N.Y. issued an order dismissing a whistleblower retaliation complaint under the Dodd-Frank Act.  The complaint was brought by a former Siemens AG employee against the German conglomerate, alleging that he was retaliated against for raising internal complaints regarding the company’s violations of the Foreign Corrupt Practices…




Metal Whistle

Internal Reporting to Compliance Officer Deemed Protected Activity Under Dodd-Frank Act Anti-Retaliation Provision

On October 16, 2013, the U.S. District Court for the District of Massachusetts issued an important order denying a registered investment advisor’s motion for judgment on the pleadings, holding that a whistleblowing employee’s internal report of potential violations of securities laws is sufficient to trigger protections under the anti-retaliation provisions of the Dodd-Frank Act. In…