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Entries from August 2010

Judge Rules D.C. Whistleblower Protection Act Amendment Retroactive

August 27th, 2010 · No Comments

TweetAccording to the Government Accountability Project’s blog, D.C. Superior Court Judge Leonard Braman held that a recent amendment to the D.C. Whistleblower Protection Act (WPA) exempting whistleblowers from the requirement of notifying the District of a claim within six months of the adverse employment action should apply retroactively.  Therefore, the notice requirement in D.C. Code […]

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Tags: D.C. Whistleblower Protection Act

New York AG Settles Qui Tam Lawsuit with School Lunch Provider for $20 Million

August 27th, 2010 · No Comments

TweetThe Attorney General of New York has settled its lawsuit against Sodexo, a provider of school lunches, for $20 million.  Two whistleblowers, John and Jay Carciero, filed the qui tam action alleging Sodexo received illegal kickbacks from the vendors it selected for school lunch programs.  Under New York law, whistleblowers are entitled to a reward […]

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Tags: Uncategorized

Iowa Egg Recall Spotlights Senate Food Safety Bill

August 25th, 2010 · No Comments

TweetAccording to the Wall Street Journal, Senate leaders – motivated by a recent salmonella outbreak and massive egg recall – will likely bring their version of the Food Safety Modernization Act to a vote in the full Senate on September 13.  Click here for a copy of Senate Bill S. 510.  The House has already passed […]

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Tags: Uncategorized

Big Reward Potential Likely to Lure More Whistleblowers to the SEC

August 23rd, 2010 · No Comments

TweetAccording to Time, the new SEC whistleblower reward program established by the Dodd-Frank Act will likely lead to a substantial increase in the reporting of fraud and other wrongdoing by public companies to the SEC.  Under the previous SEC reward program, the SEC granted rewards between 0% and 10% to whistleblowers at the SEC’s discretion.  […]

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Tags: Dodd-Frank Act

Whistleblower Retaliation Protection for Congressional Staff Languishes in Senate Committee

August 19th, 2010 · No Comments

TweetAccording to an article in Politico, the Congressional Whistleblower Protection Act introduced by Senators Chuck Grassley (R-Iowa) and Claire McCaskill (D-Missouri) has yet to be reported to the full Senate and continues to languish in the Committee on Homeland Security and Government Affairs.  Similar to the Whistleblower Protection Act which protects most federal employees who […]

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Tags: Federal Whistleblower Legislation · Retaliation

Dodd-Frank Whistleblower Provisions Are Expected to Generate Increase in Whistleblower Litigation

August 17th, 2010 · No Comments

TweetAccording to an article in The Washington Post, the whistleblower provisions of the Dodd-Frank Act (DFA), which provide a substantial incentive to report financial fraud, are expected to generate a substantial increase in whistleblower litigation.  The DFA requires the SEC and Commodity Futures Trading Commission (CFTC) to provide a financial reward to whistleblowers who provide […]

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Tags: Dodd-Frank Act · Financial Institutions Reform

The Employment Law Group® Files Amicus Brief Arguing that Section 929A of the Dodd-Frank Act Applies to Pending Sarbanes-Oxley Whistleblower Cases

August 16th, 2010 · No Comments

TweetOn August 13, 2010, The Employment Law Group® filed an amicus curiae brief in Johnson v. Siemens Building Technologies, Inc., on behalf of the Government Accountability Project, National Employment Lawyers Association, and National Whistleblowers Center arguing that Section 929A of the Dodd-Frank Act clarifies and confirms existing law on the scope of coverage under SOX, […]

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Tags: Federal Whistleblower Legislation · Sarbanes-Oxley · The Employment Law Group, P.C.

DOJ ARB Rejects “Duty Speech” Defense to ERA Nuclear Whistleblower Retaliation Claims

August 11th, 2010 · No Comments

TweetIn Vinnett v. Mitsubishi Power Systems, the Department of Labor Administrate Review Board held that employees who report nuclear safety concerns engage in protected conduct under Section 211 of the Energy Reorganization Act (ERA) regardless of whether they are blowing the whistle in the course of performing their job duties.  The ARB states: [T]here is […]

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Tags: Nuclear Regulatory Commission · Retaliation

SEC Asserts Congress Intended SOX to Protect Employees of Consolidated Subsidiaries of Publicly-Traded Companies

August 10th, 2010 · No Comments

TweetThe Securities and Exchange Commission (SEC) filed an amicus curiae brief asserting that Congress intended Section 806 of the Sarbanes-Oxley Act (SOX) to protect whistleblowers working for consolidated subsidiaries of publicly-traded companies.  The SEC states: The [SEC] believes that the whistleblower protections of Section 806 apply not only to employees of parent companies that file […]

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Tags: Sarbanes-Oxley

Judge Orders Student Loan Companies and Qui Tam Whistleblower Oberg to Explore Potential Resolution of Qui Tam Claim

August 9th, 2010 · No Comments

TweetJudge Anderson of the Eastern District of Virginia ordered Nelnet, Sallie Mae, and other defendants in a qui tam whistleblower action to explore potential resolution of Jon Oberg’s claim, which we blogged about here.   One of the defendants, Brazos Higher Education Service Corp., settled the action last week.  The plaintiff is represented by Wiley Rein […]

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Tags: False Claims Act · The Employment Law Group, P.C.

DOL Solicitor Asserts that SOX Covers Employees of Consolidated Subsidiaries of Publicly-Traded Companies

August 9th, 2010 · No Comments

TweetThe Solicitor of Labor filed an amicus curiae brief arguing that in enacting Section 806 of Sarbanes-Oxley Act (SOX), Congress intended to protect whistleblowers working for the consolidated subsidiaries of publicly-traded companies.  In Klopfenstein v. PCC Flow Technologies Holdings, Inc., the ARB applied an “agency test” in which the general common law of agency is employed […]

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Tags: Sarbanes-Oxley

WTOP Reports Qui Tam Whistleblower Oberg and Student Loan Companies are Exploring Potential Resolution of Qui Tam Claim

August 9th, 2010 · No Comments

TweetWTOP reports that Nebraska-based Nelnet, Sallie Mae, and several other student loan companies are exploring a potential resolution of a qui tam whistleblower lawsuit brought by TELG client Jon Oberg accusing them of defrauding the federal government.  Jon Oberg, a former Department of Education researcher, filed the lawsuit on behalf of the federal government under […]

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Tags: False Claims Act · The Employment Law Group, P.C.

New Study Indicates Strong Anti-retaliation Policy Benefits Employers

August 5th, 2010 · No Comments

TweetThe Ethics Resource Center conducted a study titled Retaliation: The Cost to Your Company and Its Employees showing that employers’ efforts to reduce employee misconduct are insufficient absent the adoption of a strong anti-retaliation policy.  The study concludes that employers should promote ethical behavior and adopt a strong anti-retaliation policy in order to improve the […]

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Tags: Retaliation

Kent County Superior Court Associate Justice Daniel Procaccini Commends Both Sides for their Trial Work in O’Neill v. Warwick

August 4th, 2010 · No Comments

TweetJustice Procaccini commended the defendant’s counsel and The Employment Law Group® law firm’s attorneys R. Scott Oswald and David Scher for their excellent trial work. With the completion of the O’Neill v. Warwick trial marking Procaccini’s ninth anniversary on the bench, the Warwick Beacon reported that: Procaccini told the court that he loves his work […]

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Tags: Retaliation · The Employment Law Group, P.C.

Kent County Jury Finds for School District in O’Neill v. Warwick

August 4th, 2010 · No Comments

TweetA jury for the Superior Court of Kent County in Rhode Island found Warwick Public School District not liable under the Rhode Island Whistleblower Protection Act (WPA) for the wrongful termination of Mary Katherine O’Neill, a client of The Employment Law Group®.  School administrators fired Ms. O’Neill following an interview she gave to a local […]

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Tags: Retaliation · The Employment Law Group, P.C.

The Employment Law Group® Speaks on Whistleblower Provisions in the Dodd-Frank Act at ALI-ABA Fall 2010 Seminar

August 3rd, 2010 · No Comments

TweetOn September 21, 2010, Jason Zuckerman, a Principal at The Employment Law Group® law firm will speak at the ALI-ABA Fall 2010 seminar on the whistleblower provisions of the recently enacted Dodd-Frank Wall Street Reform and Consumer Protection Act, which we blogged about here.  Zuckerman will discuss Sections 1057, 922 and 748 of the Dodd-Frank […]

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Tags: Financial Institutions Reform · The Employment Law Group, P.C.

Protected Conduct Under the False Claims Act Does Not Require a Showing that Plaintiff Knew About the Act

August 3rd, 2010 · No Comments

TweetThe U.S. District Court for the District of Massachusetts held that an employee is protected from retaliation under the retaliation provision of the False Claims Act when reporting any activity that reasonably could lead to a False Claims Act (FCA) suit even when the employee is completely unaware of the FCA.  Plaintiff Christopher Gobble was […]

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Tags: False Claims Act · Retaliation

House Passes Whistleblower Legislation to Protect Oil Rig Employees Who Report Unsafe Conditions

August 3rd, 2010 · No Comments

TweetThe House of Representatives passed the Offshore Oil and Gas Worker Whistleblower Protection Act, which prohibits oil and gas companies from terminating or discriminating against offshore employees who report unsafe conditions or refuse to work in unsafe conditions.  Closing a significant loophole, the legislation extends whistleblower protections currently in place for onshore oil and gas […]

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Tags: Federal Whistleblower Legislation · Retaliation