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Entries from October 2010

TELG Principal Moderates D.C. Bar Event on the Dodd-Frank Act’s Whistleblower Reward Programs and Anti-retaliation Provisions

October 28th, 2010 · No Comments

TweetJason Zuckerman, a principal at The Employment Law Group®, will moderate a D.C. Bar Brown Bag titled “Dodd-Frank Act: Robust Protections and Substantial Rewards for Whistleblowers” on November 9, 2010.  The panel of speakers will discuss: The whistleblower reward provisions; The scope of the new whistleblower ant-retaliation provisions; The amendments to the Sarbanes-Oxley Act and […]

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Tags: Dodd-Frank Act · The Employment Law Group, P.C.

DOL ARB Holds Truck Driver’s Refusal to Drive Unsafe Truck is a Discharge under STAA

October 26th, 2010 · No Comments

TweetIn Klosterman v. E.J. Davies, Inc., the Administrative Review Board (ARB) held that an employee who left work after refusing to drive an unsafe truck had suffered an adverse action under the retaliation provision of the Surface Transportation Assistance Act (STAA), even though the employer interpreted his conduct as voluntary resignation.   The ARB articulated the […]

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Tags: Surface Transportation Assistance Act

DOL ARB Vacated ALJ’s Decision Where ALJ Was Unaware Complainant Responded to Request for Admissions

October 20th, 2010 · No Comments

TweetThe Department of Labor’s Administrative Review Board (ARB) vacated an Administrative Law Judge’s summary decision in Williams v. Dallas Independent School District where the Complainant, unbeknownst to the ALJ, responded to requests for admission but did not file that response with the ALJ.  Having assumed that the Complainant did not respond to the requests to […]

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Tags: Uncategorized

Former Ameriprise Branch Manager Files Whistleblower Lawsuit Alleging Fraud

October 20th, 2010 · No Comments

TweetAccording to the Star Tribune, former Ameriprise branch manager Michael Loscalso filed a federal lawsuit alleging he was fired in retaliation for reporting fraud and other violations of regulatory rules.  Under the Dodd-Frank Act, whistleblowers similar to Loscalso are entitled to protection from retaliation and may even be entitled to a monetary reward in return […]

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Tags: Dodd-Frank Act · Financial Institutions Reform · SEC Whistleblower

CA Court of Appeals Upholds Sanctions Against Caremark for Underhanded Electronic Discovery Tactics in False Claims Act Case

October 19th, 2010 · No Comments

TweetA California Court of Appeals upheld sanctions against Caremark Rx, LLC for failing to preserve electronic databases of their prescription drugs in a readily-accessible format even though Caremark knew for over two years that lawsuits based on that data were imminent.  The trial court found that: The electronic data evidence was vital to the litigation; […]

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Tags: Uncategorized

Whistleblower’s Disclosure of Ponzi Scheme Underscored the Importance of Rewarding Whistleblowers

October 15th, 2010 · No Comments

TweetAccording to an article in the New York Times, a trader named Arthur Schlobohm detected a $160 million Ponzi scheme run by Trevor Cook.   As a result of Mr. Schlobohm’s courageous whistleblowing, Mr. Cook was sentenced to 25 years in prison and ordered to pay $158 million in restitution. Mr. Schlobohm says that because regulators […]

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Tags: Dodd-Frank Act · SEC Whistleblower

TELG Principal Lectures on New Developments in Whistleblower Law and Effective Strategies for Prosecuting Whistleblower Retaliation Claims

October 14th, 2010 · No Comments

TweetJason Zuckerman, a principal at The Employment Law Group®, will lecture on “New Developments in Whistleblower Law and Effective Strategies for Prosecuting Whistleblower Retaliation Claims” on November 3, 2010 in Chicago, IL.  New whistleblower provisions in the Dodd-Frank Act and other recently enacted federal whistleblower protection laws will be discussed.  He will also touch on […]

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Tags: Dodd-Frank Act · The Employment Law Group, P.C.

AARP Attorneys Join Whistleblower’s Legal Team in Fraud Case Regarding Off-label Marketing of Medical Devices

October 13th, 2010 · No Comments

TweetAARP announced in a press release that its attorneys will join the legal team representing whistleblower Kevin Colquitt who reported on the off-label marketing of metal biliary stents wrongfully placed in older patients to treat vascular disease.  According to AARP, “the risky devices are not approved by the Food and Drug Administration (FDA) as safe […]

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Tags: Uncategorized

Virginia Bill Would Protect State Employees Who Report Wrongdoing

October 11th, 2010 · No Comments

TweetVirginia Delegate Bill Janis filed House Bill No. 1399 for the General Assembly which would protect state employees who report wrongdoing from retaliation by their supervisors.  The Bill was drafted in response to Ligon v. Goochland in which Judge Timothy Sanner, basing his decision on the principle of sovereign immunity, ruled in favor of the county against […]

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Tags: State Whistleblower Legislation

President Obama Signs Bill Eliminating Confidentiality for SEC Investigations Involving Fraud Committed by Publicly-traded Companies

October 7th, 2010 · No Comments

TweetPresident Obama signed into law S.3717, which would repeal provisions in section 929I of the Dodd-Frank Act that grant confidentiality to SEC investigations of fraud committed by publicly-traded companies.  We previously blogged about this Bill here.  For information about The Employment Law Group® law firm’s SEC Whistleblower Practice, click here.

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Tags: Dodd-Frank Act

DOL Orders Trucking Company to Reinstate Whistleblower, Awards Back Pay and $125,000 in Punitive Damages

October 6th, 2010 · No Comments

TweetThe U.S. Department of Labor (DOL) ordered Zurla Trucking of Fort Meyers, Florida to reinstate a truck driver who was terminated for refusing to drive unsafe trucks.  DOL also ordered the company to pay back pay plus interest, compensatory damages, and $125,000 in punitive damages, and required the company to delete “any adverse references related […]

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Tags: Surface Transportation Assistance Act

OSC Investigates Whistleblower’s Claims at U.S. Citizenship and Immigration Services

October 5th, 2010 · No Comments

TweetAccording to the Washington Post, the Office of Special Counsel is investigating the claim of Maria Aran, a whistleblower at the U.S. Citizenship and Immigration Services.   Aran complained that one of the Florida offices mishandled hundreds of naturalization and citizenship certificates.  Instead of emailing her complaint to the Office of Security and Integrity, she mistakenly […]

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Tags: Uncategorized

DOL IG Issues Report Criticizing OSHA Whistleblower Program Investigations

October 5th, 2010 · No Comments

TweetThe U.S. Department of Labor (DOL) Office of Inspector General (IG) issued a report regarding OSHA’s Whistleblower Program concluding that: Only 2% of whistleblower complaints were found to have merit by OSHA; and Approximately 80% of OSHA investigations did not satisfy one or more of eight elements from the Whistleblower Investigations Manual that are essential […]

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Tags: OSHA Whistleblower Protection Program

Office of Special Counsel Substantiates TELG Client’s Whistleblowing

October 4th, 2010 · No Comments

TweetThe U.S. Office of Special Counsel (OSC) issued a press release and a letter addressed to President Barack Obama substantiating Mr. Russ Daul’s allegations that the Department of Defense (DOD), Defense Technical Information Center (DTIC) misappropriated funds.  According to the OSC, DTIC violated the Economy Act, 31 U.S.C. § 1535 by improperly collected fees in […]

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

Supreme Court Should Decide FOIA Document Requests Are Not Per Se Public Disclosures under the FCA

October 1st, 2010 · No Comments

TweetThe Supreme Court has granted certiorari in Schindler Elevator Corp. v. United States ex rel. Kirk, an appeal from the Second Circuit, agreeing to decide whether Freedom of Information Act (FOIA) document requests are per se public disclosures under the False Claims Act (FCA).  The Supreme Court should affirm the Second Circuit’s ruling by holding […]

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Tags: False Claims Act