Whistleblower Law Blog

SCOTUS to Address SOX Whistleblower Protections for Contractors

May 22, 2013
On May 20, 2013, the United States Supreme Court granted certiorari to plaintiffs Jackie Lawson and Jonathan Zang in their whistleblower retaliation lawsuit against their former employer, Fidelity Investments. The Court agreed to consider the following issue: “whether an employee of a privately held contractor or subcontractor...

New York Court Adopts Inclusive Definition of Protected Whistleblower Activity

May 21, 2013
On May 1, 2013, the U.S. District Court for the Southern District of New York (“SDNY”) joined a growing number of courts across the country in liberalizing the requirements for a whistleblower’s communications to constitute “protected activity” under the Sarbanes-Oxley Act of 2002 (“SOX”). In Leshinsky v. Telvent GIT, S.A., et...

Playboy Financial Whistleblower Allowed to Proceed with SOX Claim

May 16, 2013
Catherine Zulfer, a former employee of Playboy Enterprises, will be allowed to proceed with her case against Playboy alleging that the company violated the whistleblower-protection provisions of the Sarbanes-Oxley Act of 2002 (“SOX”) when it retaliated against her for refusing to participate in, and ultimately reporting, what...

Former OSC Chief Scott Bloch Pleads Guilty to Criminal Charges

February 18, 2013
Late last year, federal employees, government whistleblowers, and advocates for LGBT equality cheered when Scott Bloch, the former head of the Office of Special Counsel (“OSC”), a federal agency, was charged with destruction of government property. Mr. Bloch is the subject of a longstanding investigation by the Office of...

FEMA Director Identified in Gallup Whistleblower Complaint Pleads Guilty

January 24, 2013
Katz, Marshall & Banks client Michael Lindley, a former Gallup employee who was terminated after he blew the whistle on the company for allegedly fraudulently pursuing government contracts, received some more good news last week.  According to Bloomberg News, Timothy Cannon, the former director of the human capital...

Federal Government Contractors Set For Significant Expansion of Whistleblower Rights in NDAA 2013

December 28, 2012
Federal contractor whistleblower rights are set for a significant expansion after the Senate passed the National Defense Authorization Act of 2013 (“2013 NDAA”) on December 21, 2013, which contains important whistleblower protection provisions.  The bill has now passed both Houses of Congress and is awaiting President...

SOX Whistleblowing Complaints Given Narrow Definition by New York Court

December 28, 2012
Sarbanes-Oxley whistleblowers were dealt a setback earlier this month by the decision of the U.S. District Court for the Southern District of New York dealt in the case of Nielsen v. AECOM Technology Corp., et al. The decision was significant because the Court applied the standard that has been adopted by the 2nd, 5th and 6th...

Pharmaceutical Whistleblower Allowed to Move Forward With Retaliation Claim

November 8, 2012
A pharmaceutical sales representative formerly employed by Bayer Healthcare Pharmaceuticals, Inc. (“Bayer”) has survived a motion for summary judgment filed by Bayer in his False Claims Act (“FCA”) retaliation lawsuit. The sales rep, Mike Townsend, alleged that he was terminated in retaliation for cooperation with law...

Nuclear Whistleblower Files Federal Lawsuit Against Energy Northwest

November 1, 2012
Nuclear whistleblower David Sanders filed a lawsuit on October 24, 2012 in the U.S. District Court for the Eastern District of Washington, alleging that he was terminated in retaliation for internal complaints he made of ineffective security policies at Energy Northwest (“ENW”), the power supplier headquartered in Richland,...

Corporate Compliance Study Finds Transparency Key to Decreasing Retaliation

October 30, 2012
Compliance officers, human resources personnel, internal auditors, legal counsel, and other senior executives were surveyed by NAVEX Global, a corporate compliance consulting firm, in September 2012. The survey explored the ways in which ethics and compliance programs can cultivate trust and engagement between workers and...

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