Corporate Whistleblower Protection and Retaliation Laws Archives

Image of Must a whistleblower prove that the individual who made the final decision to take the adverse action has personal knowledge of the whistleblower’s protected activity?

Must a whistleblower prove that the individual who made the final decision to take the adverse action has personal knowledge of the whistleblower’s protected activity?

Establishing Knowledge of SOX Protected Conduct The second element of a SOX claim is knowledge of protected conduct. A whistleblower may establish employer knowledge by … Continued

Are disclosures made in the course of performing one’s job duties protected?

Disclosures made in the course of performing one’s job duties are protected under the SOX whistleblower law A consensus is emerging that the duty … Continued

What are some types of proof to show that a disclosure is objectively reasonable?

Proving that a Disclosure is Objectively Reasonable Some of the options to prove that a disclosure was objectively reasonable include 1) showing that the SEC … Continued

How Can a Whistleblower Get an Award from the SEC Whistleblower Program?

5 Tips to get an SEC Whistleblower Award Tip #1: Quickly Determine Eligibility Analyzing an individual’s eligibility is complex. The analysis differs depending on … Continued

Are cybersecurity whistleblowers protected against retaliation?

The Sarbanes-Oxley Act of 2002 (SOX) will often protect cybersecurity professionals who work directly for public corporations or those corporations’ service providers. Yet further, the Dodd-Frank Act of 2010 (DFA) could allow information security workers to receive a whistleblower reward for reporting cybersecurity concerns to the U.S. Securities and Exchange Commission (SEC) or the U.S. Commodity Futures Trading Commission (CFTC), in some cases.

What is materiality under the False Claims Act?

The False Claims Act (FCA) defines “material” as “having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.” 31 U.S.C. § 3729(b)(4).

What is “Scienter” Under the False Claims Act?

Scienter Under the False Claims Act Does Not Require Proof of Specific Intent An ordinary breach of a government contract caused by an honest mistake ordinarily … Continued

Is a Violation of the Anti-Kickback Law Also a Violation of the False Claims Act?

Stark Act Violations or Kickbacks Can Violate the False Claims Act Both the Stark Act and the Anti-Kickback Act prohibit a health care provider from … Continued

Why does the Dodd-Frank Act protect whistleblowers?

Like Sarbanes-Oxley, DFA was passed in the wake of a financial scandal—the subprime mortgage bubble and subsequent market collapse of 2008. See Samuel C. Leifer, Note, Protecting … Continued

How can a whistleblower prove retaliation?

Circumstantial Evidence Proving Retaliation Circumstantial evidence of retaliation includes: temporal proximity; indications of pretext; inconsistent application of an employer’s policies; an employer’s shifting explanations for … Continued

Does a SOX whistleblower need to prove that the employer’s reason for the adverse action is untrue?

A SOX whistleblower is not required to disprove the employer’s allegedly legitimate, non-retaliatory reason for taking an adverse employment action.[i] But proof of pretext can prove causation. As the ARB observed in Palmer, “Indeed, at times, the factfinder’s belief that an employer’s claimed reasons are false can be precisely what makes the factfinder believe that protected activity was the real reason

Does OSHA prohibit gag clauses in settlement agreements?

OSHA Prohibits Gag Clauses in Settlement Agreements When a whistleblower retaliation case is resolved before OSHA, the agency will evaluate the proposed settlement to ensure … Continued

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