FAQs Archive

To engage in protected conduct, must a whistleblower cite a specific violation of law or regulation?

Scope of Sarbanes-Oxley Whistleblower Protection The Department of Labor’s Administrative Review Board and several federal courts have soundly rejected a “magic words” defense, an argument … Continued

What “related actions” qualify for an SEC whistleblower award?

Awards for “Related Actions” under the SEC Whistleblower Program Under the SEC Whistleblower Program, the SEC is authorized to pay monetary awards in certain successful “related … Continued

Are attorney fees paid from an SEC or CFTC whistleblower award taxable?

Under 26 U.S. Code § 62(a)(21), as amended by the Bipartisan Budget Act of 2018, an SEC or CFTC whistleblower receiving an award from … Continued

What is the original source exception to the public disclosure bar?

Collapse Original Source Exception to Public Disclosure Bar The public disclosure bar prohibits a relator from bringing a False Claims Act lawsuit based on a … Continued

What is a qui tam whistleblower lawsuit?

False Claims Act relators are eligible to receive 10% to 30% of the recovery. In an intervened case, the relator can obtain 15% to 25% of the recovery, depending upon the extent to which the person substantially contributed to the prosecution of the action.

Is a threat to take a disciplinary action an adverse employment action?

Yes, a threat in response to protected activity can constitute retaliation. See Stallard v. Norfolk Southern R.R. Co., ARB No. 16-028, ALJ No. 2014-FRS-149, slip … Continued

Is a warning letter an adverse employment action?

Yes, a written warning or counseling session will be considered presumptively adverse where: (a) it is considered discipline by policy or practice; (b) it is … Continued

What is a reverse false claim?

Reverse False Claims Liability Reverse false claims liability arises where an entity or individual avoids the payment of money due to the government, e.g., failing … Continued

What are examples of SOX protected activity (protected whistleblowing)?

SOX Protected Whistleblowing Whistleblowers are protected under SOX for providing information, causing information to be provided, or otherwise assisting in an investigation regarding any conduct … Continued

Does the Sarbanes-Oxley whistleblower law protect employees working outside the United States?

Courts have held that SOX whistleblower protection does not apply extraterritorially, but in certain circumstances, the whistleblower protection provision of SOX can apply to covered employees working outside the United States.

Pay discrimination claims under the Equal Pay Act versus Title VII: what is the difference?

Major differences between EPA and Title VII pay discrimination claims Although Title VII and the Equal Pay Act (EPA) have many similarities, they also have … Continued

What is preemptive retaliation?

Preemptive Retaliation The doctrine of preemptive retaliation permits a whistleblower to bring a claim where the employer retaliates against the whistleblower prior to the whistleblower … Continued

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