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393 results found for "whistleblower representation"

  • Despite Successful Enforcement Proceedings, Many Believe the SEC and CFTC Whistleblower Programs Need Improvement

    Recently, this Blog wrote about the success of the Commodity Futures Trading Commission’s (“CFTC”) Whistleblower As noted in that post, over the course of a few weeks, the CFTC had paid whistleblowers more than $45 Despite the positive direction in which the CFTC Whistleblower Program has been moving, many believe By contrast, the CFTC awarded only $85.6 million to whistleblowers since the CFTC whistleblower program to do so by the whistleblowers.

  • Primer: Whistleblower Protection Act

    Since that time, Congress has expanded the protections for federal employees in the Whistleblower Protection Act of 1989 (“WPA”) and the Whistleblower Protection Enhancement Act of 2012 (“WPEA”). Whistleblower Protection Act Of 1989 To trigger the anti-retaliation protections of the WPA, an employee If the employee fails to demonstrate both knowledge and timing, then the employee may present circumstantial If an employee chooses to make a claim for whistleblower retaliation with the OSC, then the OSC must

  • The CFTC Announces Multiple Whistleblower Awards Including The Largest Amount Ever Awarded At $30 Million

    The CFTC Whistleblower Program The CFTC Whistleblower Program, like the SEC Whistleblower Program, By contrast, the SEC has issued awards in excess of $266 million to 55 whistleblowers under its Whistleblower Amendments to the CFTC Whistleblower Program In May 2017, the CFTC approved amendments to its Whistleblower against a whistleblower, and employers are prohibited from taking steps to impede a would-be whistleblower Somers , should lead to increased whistleblower tips.  

  • Russian-Olympic Whistleblower Files Counterclaim Under New York’s Anti-SLAPP Law

    New York’s Anti-SLAPP law is designed for protecting whistleblowers who get sued for making libelous

  • U.S. Supreme Court Unanimously Narrows The Definition Of Whistleblower Under Dodd-Frank

    Digital Realty moved to dismiss on the ground that Somers was not a “whistleblower” under Dodd-Frank In denying the motion, the district court deferred to the SEC’s interpretation of “whistleblower” to include internal whistleblowers. The Court found that the definition of “whistleblower” under Section 21F(a)(6) plainly “describes who In light of this synchronicity, giving the term “whistleblower” a consistent meaning makes sense.

  • The U.S. Supreme Court to Resolve a Circuit Split Over Whether a Violation of the FCA Seal Requirement Mandates Dismissal of a Qui Tam Complaint

    IMPLICATIONS Resolution of the circuit split will materially impact the rights of whistleblowers and defendants to whistleblower claims.

  • Enforcement News: The SEC Giveth and The SEC Taketh Away

    program, we noted that the Commission has paid more than $1 billion in awards to hundreds of whistleblowers In the month that followed, the amount paid to whistleblowers increased by more than $87 million. The first award of $11.5 million (announced on September 17, 2021, here ) was paid to two whistleblowers One whistleblower received an award of nearly $7 million, while the other whistleblower received more Both U.S. citizens and foreign nationals may file whistleblower claims and receive a reward.

  • Universal Health Services, Inc. V. United States Ex Rel. Escobar: The U.S. Supreme Court Adopts The Implied Certification Theory As A Basis Of Liability Under The False Claims Act

    Therefore, the Court found, the representations were “clearly misleading in context,” because the defendant Such misrepresentations, held the Court, fell “squarely within the rule that half-truths – representations The Court also reiterated that whistleblowers must plead their claims “with plausibility and particularity Specific Representations and Failure to Disclose Noncompliance In adopting the theory of liability, the Additionally, the underlying violation must be directly relevant to a specific representation made by

  • President Signs VA Whistleblower Law

    On June 23, 2017, President Trump signed legislation that is intended to protect whistleblowers who report of this year, the president signed an executive order that created the Office of Accountability and Whistleblower The bipartisan legislation, the VA Accountability and Whistleblower Protection Act of 2017, makes the In particular, the SEC, CFTC and the IRS all have whistleblower programs, and whistleblowers who report The question remains, however, whether whistleblowers under the new law will receive financial rewards

  • Amici Briefs Filed In Supreme Court Case Involving The Definition Of Whistleblower Under Dodd-Frank

    On October 17, 2017, the National Whistleblower Center, a non-profit, tax-exempt, non-partisan whistleblower Protection for internal whistleblowers is consistent with other whistleblower anti-retaliation programs , including the False Claims Act, the Whistleblower Protection Act, the Whistleblower Protection Enhancement Act, and the FBI Whistleblower Protection Enhancement Act. As these former officials noted, the SEC whistleblower program is working.

  • “No Reliance” Clause Precludes Fraudulent Inducement Claim Based on Extra-Contractual Representations

    It has long been the law in New York that a party’s disclaimer of reliance on extra-contractual representations , that is, a provision that the parties are not bound by or relying upon representations or omissions ” clause in which the defendants disclaimed liability for any extra-contractual representations.   The section further provided that the parties were not relying on any promises or representations not The final clause of the “Entire Agreement” section, included an express representation by the parties

  • Enforcement News: SEC Charges Investment Adviser and Others With Running a Ponzi-Like Scheme to Defraud Over 17,000 Retail Investors

    The SEC also charged GPB Capital with violating the whistleblower protection laws. GPB Capital allegedly violated the whistleblower provisions of the securities laws by including language ="whistleblowers" from="from" coming="coming" forward="forward" with="with" information="information" Jane Norberg, Chief of the SEC’s Office of the Whistleblower, added, “Whistleblower protections are a cornerstone of the SEC’s whistleblower program.

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