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Entries from February 2008

The Employment Law Group® Law Firm Obtains Favorable Decision in False Claims Act Retaliation Case

February 29th, 2008 · No Comments

TweetOn February 27, 2008, The Employment Law Group® law firm achieved a victory for a whistleblower who suffered retaliation because he opposed fraud on the government that he believed would endanger the lives of U.S. troops in Iraq. In a memorandum opinion, in Glynn v. EDO et al., No. JFM 07-1660 (D.Md. Feb. 27, 2008), […]

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Tags: False Claims Act

Federal Circuit Vacates MSPB Ruling on the Standard for Evaluating Protected Conduct under the Whistleblower Protection Act

February 18th, 2008 · No Comments

TweetIn Chambers v. Dept. of Interior, No. 2007-3050 (Fed. Cir. Feb. 14, 2008), the Federal Circuit held that the Merit Systems Protection Board erred by conflating the standards for evaluating disclosures of risks to public health and safety and disclosures of gross mismanagement under the Whistleblower Protection Act (WPA). Chambers, the former Director of the […]

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Tags: Whistleblower Protection Act

Texas Federal Court Applies Broad Construction of Sarbanes-Oxley Whistleblower Provision

February 18th, 2008 · No Comments

TweetIn Ciavarra v. BMC Software, Inc., C.A. No. H-07-0413 (S.D.Tex. Feb. 7, 2008), Judge Atlas broadly construed the whistleblower protection provision of SOX: SOX Coverage Defendants moved for summary judgment in part on the basis that Plaintiff was an employee of BMC Software Distribution, Inc., a subsidiary company that is not publicly traded and is […]

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Tags: Sarbanes-Oxley

The Employment Law Group® Law Firm is a Contributing Author of ABA Update on Sarbanes-Oxley Whistleblower Retaliation Claims

February 15th, 2008 · No Comments

TweetThe Employment Law Group® law firm is a contributing author of an annual update on the whistleblower retaliation provision of the Sarbanes-Oxley Act of 2002, a copy of which is available here. This annual update is a project of the ABA Section of Labor and Employment Law Committee on Federal Labor Standards Legislation Subcommittee on the Sarbanes-Oxley […]

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Tags: The Employment Law Group, P.C.

SOX Protected Conduct Includes the Disclosure of a Violation of Any SEC Rule or Regulation

February 12th, 2008 · No Comments

TweetMore than five years after SOX was enacted, the scope of protected conduct is still unsettled, but one aspect of protected conduct is becoming clear, SOX protection is not limited solely to disclosures about shareholder fraud. Disregarding the plain meaning of SOX, employers have convinced a few DOL ALJs and at least one federal judge […]

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Tags: Sarbanes-Oxley

Ethics Resource Center Underscores the Need for Stronger Whistleblower Protections for Federal Employees

February 3rd, 2008 · No Comments

TweetThe Ethics Resource Center (“ERC”) released a report underscoring the need for stronger whistleblower protection laws. The ERC’s survey found that 1) nearly six in ten government employees saw at least one form of misconduct in the past twelve months; 2) one in four government employees works in an environment conducive to misconduct; 3) only […]

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Tags: Whistleblower Protection Act