Recently there have been many significant developments in whistleblower reward and protection laws. This webinar will focus on 10 recent developments, including:
• Trends in jury verdicts in federal and state whistleblower litigation and practice tips for litigating and trying whistleblower retaliation claims;
• Federal appellate decisions expanding Sarbanes-Oxley (SOX) protected conduct;
• Dodd-Frank whistleblower protection and the SEC’s enforcement of the anti-retaliation provision;
• The SEC’s bar against gag clauses in confidentiality agreements and policies;
• Fifth Circuit Menendez decision holding that “outing” a whistleblower is an adverse action;
• Key procedural distinctions between SOX, the False Claims Act, and Dodd-Frank whistleblower protection;
• Decisions rejecting Garcetti “duty speech” defense under federal and state whistleblower statutes;
• Damages available under federal and state whistleblower protection laws;
• Broadening scope of protected whistleblowing under the False Claims Act’s anti-retaliation provision; and
• National Defense Authorization Act whistleblower protection for employees of government contractors and grantees.
The proliferation of whistleblower retaliation and reward laws has created a complex maze of claims and remedies. This panel of plaintiff attorneys will examine issues that frequently arise in whistleblower cases including:
Identifying whistleblower rewards claims and formulating a strategy to maximize damages
Litigating non-intervened FCA cases
The scope of protected conduct under the False Claims Act, the Sarbanes-Oxley Act and the Dodd-Frank Act
Preserving retaliation claims while pursuing reward claims
Trends in jury verdicts in federal and state whistleblower litigation and practice tips for litigating and trying whistleblower retaliation claims
Key procedural distinctions between SOX, FCA and Dodd-Frank whistleblower protection
Employee whistleblower reward and retaliation claims under a range of laws, such as the Sarbanes-Oxley and Dodd-Frank Acts, are on the rise. Whistleblowers have recently obtained record jury verdicts and record awards, including a $30 million bounty from the SEC and a $6 million verdict in a SOX retaliation case.
This program addresses the latest developments in whistleblower rewards and retaliation laws including:
• Implications of recent record whistleblower awards, including a $30 million SEC bounty;
• Scope of protected whistleblowing under the Sarbanes-Oxley and Dodd-Frank Acts
• Drawing the lines of SOX coverage one year post-Lawson;
• Recent decisions on causation and same-decision defense, including Feldman and Speegle;
• SEC enforcement of Dodd-Frank anti-retaliation provision and SEC prohibition against gag clauses;
• OSHA enforcement trends; and
• Tips for encouraging internal reporting.
The panel will explore in depth the fast-changing legal landscape for whistleblowers while offering practical insight on the latest issues. Topics covered will include: latest developments on forum and claim selection for relaxed burdens of proof; financial incentives and other remedies; managing thorny confidentiality issues; handling highly public whistleblower cases; contingent labor as whistleblowers; mandatory arbitration (or not); and key recent cases defining the scope of protected activities.
The proliferation of whistleblower retaliation and reward laws has created a complex maze of claims and remedies. This brown bag will examine issues that frequently arise in private sector whistleblower cases. The topics will include recent developments under the Sarbanes-Oxley and Dodd-Frank Acts, preserving retaliation claims while pursuing reward claims, choosing the optimal forum, minimizing claim splitting and claim preclusion risks, and exhausting administrative remedies.
Why You Should Team Up and Make Friends: Your Professional Responsibilities W...Parsons Behle & Latimer
A presentation about the ethical and professional obligations when reviewing a potential personal injury matter and when associating with another firm on personal injury matters.
The proliferation of whistleblower retaliation and reward laws has created a complex maze of claims and remedies. This panel of plaintiff attorneys will examine issues that frequently arise in whistleblower cases including:
Identifying whistleblower rewards claims and formulating a strategy to maximize damages
Litigating non-intervened FCA cases
The scope of protected conduct under the False Claims Act, the Sarbanes-Oxley Act and the Dodd-Frank Act
Preserving retaliation claims while pursuing reward claims
Trends in jury verdicts in federal and state whistleblower litigation and practice tips for litigating and trying whistleblower retaliation claims
Key procedural distinctions between SOX, FCA and Dodd-Frank whistleblower protection
Employee whistleblower reward and retaliation claims under a range of laws, such as the Sarbanes-Oxley and Dodd-Frank Acts, are on the rise. Whistleblowers have recently obtained record jury verdicts and record awards, including a $30 million bounty from the SEC and a $6 million verdict in a SOX retaliation case.
This program addresses the latest developments in whistleblower rewards and retaliation laws including:
• Implications of recent record whistleblower awards, including a $30 million SEC bounty;
• Scope of protected whistleblowing under the Sarbanes-Oxley and Dodd-Frank Acts
• Drawing the lines of SOX coverage one year post-Lawson;
• Recent decisions on causation and same-decision defense, including Feldman and Speegle;
• SEC enforcement of Dodd-Frank anti-retaliation provision and SEC prohibition against gag clauses;
• OSHA enforcement trends; and
• Tips for encouraging internal reporting.
The panel will explore in depth the fast-changing legal landscape for whistleblowers while offering practical insight on the latest issues. Topics covered will include: latest developments on forum and claim selection for relaxed burdens of proof; financial incentives and other remedies; managing thorny confidentiality issues; handling highly public whistleblower cases; contingent labor as whistleblowers; mandatory arbitration (or not); and key recent cases defining the scope of protected activities.
The proliferation of whistleblower retaliation and reward laws has created a complex maze of claims and remedies. This brown bag will examine issues that frequently arise in private sector whistleblower cases. The topics will include recent developments under the Sarbanes-Oxley and Dodd-Frank Acts, preserving retaliation claims while pursuing reward claims, choosing the optimal forum, minimizing claim splitting and claim preclusion risks, and exhausting administrative remedies.
Why You Should Team Up and Make Friends: Your Professional Responsibilities W...Parsons Behle & Latimer
A presentation about the ethical and professional obligations when reviewing a potential personal injury matter and when associating with another firm on personal injury matters.
This seminar provides an overview of the U.S. Dep’t of Labor’s (DOL) enforcement and adjudication of whistleblower protection laws, including the burden to establish the elements of the approximately 24 whistleblower laws that OSHA enforces, the damages that whistleblowers can recover, the procedural rules governing DOL whistleblower claims, strategies for effectively representing whistleblowers at OSHA and at the DOL Office of Administrative Law Judges, and settlement and mediation strategies.
A number of laws protect whistleblowers from retaliatory adverse employment actions.
Course Content
Whistleblower Protection Laws
Defining "Protected Activity" and "Adverse Action" in Sarbanes-Oxley Retaliation Claims
Detangling Causation Issues
Whistleblower Rewards, Damages and Remedies
Employer vs. Whistleblower Best Practices
New Developments in SEC Whistleblower Program
This presentation discusses best practices for employers to comply with state and federal directives, develop appropriate and inclusive policies, and encourage diversity in the workplace.
Topics covered in this month’s patent group presentation include information about the current backlog of patent applications at the United States Patent and Trademark Office (USPTO), new rules regarding derivation proceedings, a practice tip for releasing search results to the European Patent Office, proposed USPTO ethics rules codifying with the ABA rules, patentability of computer software, and recent cases about inter partes reexamination.
The Dodd-Frank Act whistleblower provisions reward whistle blowing and protect whistleblowers against retaliation. The Dodd-Frank Act creates a robust retaliation action for employees in the financial services industry. The scope of coverage is quite broad in that Section 1057 applies to organizations that extend credit or service or broker loans; provide real estate settlement services or perform property appraisals; provide financial advisory services to consumers relating to proprietary financial products, including credit counseling; or collect, analyze, maintain, or provide consumer report information or other account information in connection with any decision regarding the offering or provision of a consumer financial product or service.
Under the Dodd-Frank Act, an individual who provides original information to the SEC or Commodity Futures Trading Commission (“CFTC”) which results in monetary sanctions exceeding $1 million shall be paid an award of 10 to 30 percent of the amount recouped. See Dodd-Frank Act § 748 (applying to CFTC whistleblowers) and § 922(a) (applying to SEC whistleblowers). The amount of the reward is at the discretion of the respective commission and factors to be considered in calculating the amount of the award include the significance of the information provided by the whistleblower, the degree of assistance provided by the whistleblower, the interest of the respective commission in deterring violations by making awards to whistleblowers, and other factors that the each commission may establish by rule or regulation. Id. An award shall not be paid to a whistleblower who has been convicted of a criminal violation related to the judicial or administrative action for which the whistleblower provided information; who gains the information by auditing financial statements as required under the securities laws; who fails to submit information to the SEC as required by an SEC rule; or who is an employee of the DOJ or an appropriate regulatory agency, a self-regulatory organization, the Public Company Accounting Oversight Board or a law enforcement organization. Id. Sections 748 and 922 of Dodd-Frank are not qui tam provisions, i.e., the whistleblower cannot pursue an action if the SEC or CFTC decline to act on the whistleblower’s disclosure.
Are You Suitable for Appointment to a Federal Law Enforcement Position (WIFL...FedEmployeeLaw
Whether the character or conduct of an applicant, appointee or employee is such that employing her may have an impact on the integrity or efficiency of the service. See 5 CFR §731.101; Alvarez v Department of Homeland Security, 112 MSPR 434 (MSPB 2009).
The Fundamentals of Applying for and Obtaining a Security ClearanceFedEmployeeLaw
There are two truths in applying for a security clearance. First, a security clearance is a privilege and not a right. Second, questions about granting or revoking a clearance will always be resolved in favor of national security. Knowing whether your background raises any questions about granting or revoking a clearance can make or break your career in the Federal government.
Lessons learned from litigating real estate development projectsPolsinelli PC
Real estate development projects are filled with uncertainty. Zoning and permitting denials, disputes with neighboring property owners and citizen groups, and ambiguity in development contracts can cause significant setbacks to even the most well planned developments. This webinar will explore the many pitfalls of the development process and how to navigate them. Four Polsinelli attorneys offer their guidance and insights gained from litigating these very types of issues.
Disclosures by whistleblowers under the qui tam provisions of the False Claims Act (FCA) have enabled the federal government to recover more than $40 billion. But with strong protections against retaliation, whistleblowers would be reluctant to come forward. This course, presented by Jason Zuckerman, Principal at Zuckerman Law, provides an overview of whistleblower protections for employees of government contractors and grantees, focusing on the whistleblower protection provisions of the FCA and National Defense Authorization Act (NDAA). The course will also offer practical tips and insights for practitioners on how to evaluate potential whistleblower claims and overlapping remedies to maximize damages. In addition, the course will address the challenging issues that arise when a whistleblower simultaneously prosecutes both retaliation and rewards claims.
Don’t miss this chance to catch up on recent developments under whistleblower reward and whistleblower protection laws, including developments under the whistleblower provisions of the Dodd-Frank Act, the Sarbanes-Oxley Act, and False Claims Act. Our experienced faculty panel will provide you with practical insights on the following issues:
Impact of Supreme Court’s decision in Somers v. Digital Realty Trust on corporate whistleblowers and corporate compliance programs
Recent SEC whistleblower awards
Trend in DOL Administrative Review Board and federal court decisions on the scope of Sarbanes-Oxley protected conduct
The impact of the Supreme Court’s decision in Universal Health Services v. United States ex rel. Escobar on implied certification claims
The scope of the False Claims Act’s anti-retaliation provision and the interplay of whistleblower reward and whistleblower protection claims
Best practices for investigating and responding to whistleblower disclosures and
Tips for representing whistleblowers at the DOJ, SEC, CFTC, and IRS.
This seminar provides an overview of the U.S. Dep’t of Labor’s (DOL) enforcement and adjudication of whistleblower protection laws, including the burden to establish the elements of the approximately 24 whistleblower laws that OSHA enforces, the damages that whistleblowers can recover, the procedural rules governing DOL whistleblower claims, strategies for effectively representing whistleblowers at OSHA and at the DOL Office of Administrative Law Judges, and settlement and mediation strategies.
A number of laws protect whistleblowers from retaliatory adverse employment actions.
Course Content
Whistleblower Protection Laws
Defining "Protected Activity" and "Adverse Action" in Sarbanes-Oxley Retaliation Claims
Detangling Causation Issues
Whistleblower Rewards, Damages and Remedies
Employer vs. Whistleblower Best Practices
New Developments in SEC Whistleblower Program
This presentation discusses best practices for employers to comply with state and federal directives, develop appropriate and inclusive policies, and encourage diversity in the workplace.
Topics covered in this month’s patent group presentation include information about the current backlog of patent applications at the United States Patent and Trademark Office (USPTO), new rules regarding derivation proceedings, a practice tip for releasing search results to the European Patent Office, proposed USPTO ethics rules codifying with the ABA rules, patentability of computer software, and recent cases about inter partes reexamination.
The Dodd-Frank Act whistleblower provisions reward whistle blowing and protect whistleblowers against retaliation. The Dodd-Frank Act creates a robust retaliation action for employees in the financial services industry. The scope of coverage is quite broad in that Section 1057 applies to organizations that extend credit or service or broker loans; provide real estate settlement services or perform property appraisals; provide financial advisory services to consumers relating to proprietary financial products, including credit counseling; or collect, analyze, maintain, or provide consumer report information or other account information in connection with any decision regarding the offering or provision of a consumer financial product or service.
Under the Dodd-Frank Act, an individual who provides original information to the SEC or Commodity Futures Trading Commission (“CFTC”) which results in monetary sanctions exceeding $1 million shall be paid an award of 10 to 30 percent of the amount recouped. See Dodd-Frank Act § 748 (applying to CFTC whistleblowers) and § 922(a) (applying to SEC whistleblowers). The amount of the reward is at the discretion of the respective commission and factors to be considered in calculating the amount of the award include the significance of the information provided by the whistleblower, the degree of assistance provided by the whistleblower, the interest of the respective commission in deterring violations by making awards to whistleblowers, and other factors that the each commission may establish by rule or regulation. Id. An award shall not be paid to a whistleblower who has been convicted of a criminal violation related to the judicial or administrative action for which the whistleblower provided information; who gains the information by auditing financial statements as required under the securities laws; who fails to submit information to the SEC as required by an SEC rule; or who is an employee of the DOJ or an appropriate regulatory agency, a self-regulatory organization, the Public Company Accounting Oversight Board or a law enforcement organization. Id. Sections 748 and 922 of Dodd-Frank are not qui tam provisions, i.e., the whistleblower cannot pursue an action if the SEC or CFTC decline to act on the whistleblower’s disclosure.
Are You Suitable for Appointment to a Federal Law Enforcement Position (WIFL...FedEmployeeLaw
Whether the character or conduct of an applicant, appointee or employee is such that employing her may have an impact on the integrity or efficiency of the service. See 5 CFR §731.101; Alvarez v Department of Homeland Security, 112 MSPR 434 (MSPB 2009).
The Fundamentals of Applying for and Obtaining a Security ClearanceFedEmployeeLaw
There are two truths in applying for a security clearance. First, a security clearance is a privilege and not a right. Second, questions about granting or revoking a clearance will always be resolved in favor of national security. Knowing whether your background raises any questions about granting or revoking a clearance can make or break your career in the Federal government.
Lessons learned from litigating real estate development projectsPolsinelli PC
Real estate development projects are filled with uncertainty. Zoning and permitting denials, disputes with neighboring property owners and citizen groups, and ambiguity in development contracts can cause significant setbacks to even the most well planned developments. This webinar will explore the many pitfalls of the development process and how to navigate them. Four Polsinelli attorneys offer their guidance and insights gained from litigating these very types of issues.
Disclosures by whistleblowers under the qui tam provisions of the False Claims Act (FCA) have enabled the federal government to recover more than $40 billion. But with strong protections against retaliation, whistleblowers would be reluctant to come forward. This course, presented by Jason Zuckerman, Principal at Zuckerman Law, provides an overview of whistleblower protections for employees of government contractors and grantees, focusing on the whistleblower protection provisions of the FCA and National Defense Authorization Act (NDAA). The course will also offer practical tips and insights for practitioners on how to evaluate potential whistleblower claims and overlapping remedies to maximize damages. In addition, the course will address the challenging issues that arise when a whistleblower simultaneously prosecutes both retaliation and rewards claims.
Don’t miss this chance to catch up on recent developments under whistleblower reward and whistleblower protection laws, including developments under the whistleblower provisions of the Dodd-Frank Act, the Sarbanes-Oxley Act, and False Claims Act. Our experienced faculty panel will provide you with practical insights on the following issues:
Impact of Supreme Court’s decision in Somers v. Digital Realty Trust on corporate whistleblowers and corporate compliance programs
Recent SEC whistleblower awards
Trend in DOL Administrative Review Board and federal court decisions on the scope of Sarbanes-Oxley protected conduct
The impact of the Supreme Court’s decision in Universal Health Services v. United States ex rel. Escobar on implied certification claims
The scope of the False Claims Act’s anti-retaliation provision and the interplay of whistleblower reward and whistleblower protection claims
Best practices for investigating and responding to whistleblower disclosures and
Tips for representing whistleblowers at the DOJ, SEC, CFTC, and IRS.
This course provides an overview of recent developments in protections for corporate whistleblowers, including the recently enacted Taxpayer First Act whistleblower protection law, Sarbanes-Oxley protected conduct, protections for cybersecurity whistleblowers, the impact of Wadler on gatekeeper whistleblower protections, the expanding scope of actionable retaliation, and the burden of proof under SOX.
Federal Preemption under Dodd-Frank's Whistleblower Award ProgramKathleen Clark
This research project examines whether lawyers -- like other corporate insiders -- are able to take advantage of the financial incentives that are available under the Securities and Exchange Commission (SEC)’s Dodd-Frank whistleblower program. Under that program, whistleblowers can be awarded 10-30% of the sanctions that the SEC obtains in enforcement cases. These financial incentives are working, as demonstrated by 3000 whistleblower tips that the SEC receives each year – not just from the United States but also from more than 50 nations. This presentation focuses on the interplay of state and federal authorities in regulating the disclosure options available to securities lawyers.
Whistleblowers on Wall Street: A Guide to SEC Whistleblower Rewards and Prote...John Howley, Esq.
Thinking about blowing the whistle on securities fraud? Prominent whistleblower lawyer John Howley, Esq. walks you through the basic steps to reporting securities fraud (including anonymously), claiming whistleblower rewards, and protecting yourself from illegal retaliation. These slides are designed for both non-lawyer whistleblowers and lawyers who want to learn how to help their clients.
BoyarMiller – Navigating Your Company through Spoliation Claims and Strategie...BoyarMiller
A Penny Saved is a Penny Earned:
Navigating Your Company through Spoliation Claims and Strategies to Maximize Recovering Attorneys’ Fees
presented by:
Chris Hanslik, Craig Dillard & Matt Veech
Pending legislation in Congress wuold protect whistleblowing about cybersecurity and data privacy. In the interim, some existing federal and state whistleblower protection laws provide limited protection for cybersecuriity and data privacy whistleblowing.
Trade secret theft is a hot topic among companies today. Winston & Strawn attorneys David Enzminger, Sheryl Falk, and John Keville have successfully prosecuted trade secret cases across the US. In this dynamic presentation, these experienced attorneys shared practical advice to help you navigate your trade secret issues.
Privacy rules matter—make sure your firm stays compliant.
While every lawyer knows the basic rules behind confidentiality and attorney-client privilege, the significance of privacy law is less well-known—and that lack of knowledge can impact your law firm. Emerging privacy rights and rights of action are impacting businesses of all types—including those in the legal profession. Local, national, and even international laws are making privacy the next frontier in data management for lawyers.
Are you prepared to adjust to the new demands of privacy for law firms, and move beyond confidentiality?
Join Joshua Lenon—an IAPP Certified Information Privacy Professional and Clio’s Lawyer in Residence and Data Protection Officer—as he explains how these privacy laws can impact law firms and what your firm should do to ensure compliance.
In this free 1-hour CLE-eligible webinar, you’ll learn:
Why law firm data must conform with emerging privacy regulations
The impact of clients’ compliance with privacy law on firm operations
Future privacy laws that may affect your law firm—no matter where you operate
https://www.clio.com/events/webinar-law-firm-privacy/
Stays of Litigation Pending Post-AIA Patent ReviewKlemchuk LLP
Brief overview of post-AIA patent review procedures, overview of post-AIA stays of litigation pending patent review, and the analysis of district court orders on motions to stay pending patent review
A penny saved is a penny earned: Navigating your company through spoliation claims and strategies to maximize recovering attorneys' fees. Presented at the Association of Corporate Counsel.
This class will provide students with a defined roadmap and checklist of steps one may take when presented with the specter of trade secret related significant business threats. Important subjects covered in the class include defining “win” scenarios upfront to avoid mission creep, working with outside counsel and a 3rd party computer forensic expert, the identification, preservation and analysis of evidence to inform appropriate actions, special considerations for handling of smartphone based evidence, leveraging evidence derived from smartphones, reasonable steps to take to preserve attorney-client communication security, and the acquisition of phone and text records via a subpoena.
Legal Issues Impacting Data Center Owners, Operators & Usersjyates
MMM’s goal is to work with data center owners, operators and users to identify key legal issues and their related claims, and to provide ways to minimize liability.
Privacy Law Update Darren Chaker provides from a true leading law firm discusses privacy law , court cases, appellate opinions in federal and state court, as well as other privacy issues employers need to know in California.
California privacy law presentation, Darren Chaker, offers easy to follow law firm presentation concerning privacy rights impacting employer and employee relationship.
Civil ProcedureWeek 2Prior to Proceedings 11.docxsleeperharwell
Civil Procedure
Week 2
Prior to Proceedings 1
1
Workshop Overview
1.0 Introduction
2.0 Legal Ethics and Civil Litigation
3.0 Cause of Action
4.0 Limitations of Actions
5.0 Personal Injuries Process
Introduction
This week and next week we are looking at what needs to be considered prior to commencing an action.
Next week we look at the courts and which court certain matters can be brought in.
Client Care
Should you find yourself working as a litigation solicitor, the nature of your clients and the management skills required will vary according to:
large/medium/small firm;
community/government/corporate sector; and
position within firm/organisation.
For example:
large commercial firm – sophisticated, well-resourced, repeat clients; large matters with sometimes many lawyers working exclusively on one matter.
small firm – less sophisticated, one-off clients with relatively few resources; one lawyer will be responsible for many files.
Client Care
Regardless of the firm/organisation, there are some basic tenets of client care which are generally applicable:
promote positive and productive interaction between clients and all members of the firm;
be available, approachable, interested, understanding of client needs, trustworthy, honest and competent;
mutual expectations should be clear, with transparent complaint resolution procedures in place; and
clients should be updated regularly, and receive value for money
Client Care
Honesty and competence are particularly significant in a litigation context:
any client contemplating litigation needs to understand that litigation is expensive, time consuming and uncertain; and
clients need to be provided with a realistic, not optimistic, assessment of the advantages and disadvantages of commencing litigation.
Rules about client care may be enforced in contract and/or tort, and are reflected in statute and delegated legislation.
For example, Legal Profession Act 2007 (Qld):
Part 3.4 – disclosure clients regarding costs (s 308)
File Management
Basic file management requirements include:
keeping a paper-trail (or what electronically now amounts to a paper trail):
everything – instructions, advice, research, memos, record of telephone conversations, and so on; and
important if a client challenges you on a step taken in the action or on costs; dates and bring-up systems:
paper and electronic; and
very important in litigation, where missed court dates, filing times etc can be very costly for your client;
working on files of others:
clear instructions from acting solicitor crucial;
can be totally responsible (eg acting solicitor on leave) or partially (eg preparation of a research memo on a particular issue); and
again, paper-trail very important; handover of files:
carefully manage with client;
clear instructions important; and
usual practice is to leave a file note providing background on the matter, current status, and necessary further steps/important dates.
Ethics and the A.
This course provides an overview of whistleblower protections for employees who blow the whistle on cybersecurity or data privacy concerns. And it offers practical tips and insights for practitioners on how to evaluate potential cybersecurity whistleblower claims and overlapping remedies to maximize damages. In addition, the course addresses the challenging issues that arise when a whistleblower simultaneously prosecutes both whistleblower retaliation and whistleblower rewards claims.
In April 2020, Virginia Governor Ralph Northam signed into law HB798, which protects workers from retaliation for reporting to a supervisor or any governmental body violations or suspected violations of federal or state law, refusing to engage in a criminal act or carry out an order that would violate federal or state law, or engaging in participatory protected conduct. HB798 authorizes a whistleblower to bring a civil action seeking injunctive relief, reinstatement, and uncapped compensation for lost wages, benefits, and other remuneration. HB798 will become effective on July 1, 2020.
Recent developments in whistleblower rewards and retaliation claims, including Sarbanes Oxley whistleblower jury verdicts, whistleblower retaliation under Sarbanes-Oxley, scope of Sarbanes-Oxley protected conduct, and burden of proof in SOX whistleblower cases.
After a 13-year legislative campaign, Congress finally and unanimously passed the Whistleblower Protection Enhancement Act, which broadens the scope of protected conduct under the Whistleblower Protection Act, authorizes uncapped compensatory damages in WPA actions, establishes all-circuit review, and expands Individual Right of Action rights. Our speakers will examine the impact of the WPEA, offer tips for representing whistleblowers before the U.S. Office of Special Counsel and the Merit Systems Protection Board, and discuss the role of Inspectors General in investigating whistleblower disclosures and assisting whistleblowers.
More from Zuckerman Law Whistleblower Protection Law Firm (6)
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
Abdul Hakim Shabazz Deposition Hearing in Federal Court
Developments in Whistleblower Law
1. Recent Developments in
Whistleblower Law
Jason Zuckerman
Zuckerman Law
Washington, DC
jzuckerman@zuckermanlaw.com
(202) 262-8959
https://www.zuckermanlaw.com
3. Jury Verdicts
• No cap on compensatory damages in SOX and
FCA retaliation cases
• Recent jury verdicts in SOX cases:
– $6M Zulfer v. Playboy Enterprises Inc., JVR No.
1405010041, 2014 WL 1891246 (C.D.Cal. 2014)
– $2.2M in damages and $2.4M in fees Van Asdale
v. Int'l Game Tech., 549 F. App'x 611, 614 (9th Cir.
2013)
– $1.6M in compensatory damages in Perez v.
Progenics Pharmaceuticals (S.D.N.Y. 2015)
5. SOX Protected Conduct
• Sylvester v. Parexel Int’l, WL 2165854 (ARB May 25, 2011)
– Disclosure of potential violation protected
– A complaint need not allege shareholder fraud to receive SOX’s
protection
– Reasonable belief standard does not require complainants to
have told management or the authorities why their beliefs are
reasonable
– SOX complainants no longer need to show that their disclosures
“definitively and specifically” relate to the relevant laws
– SOX complainants need not establish criminal fraud
6. Sarbanes-Oxley Protected Conduct
• Federal courts adopting Sylvester
– Nielsen v. AECOM Tech. Corp., No. 13-235-cv (2d
Cir. 2014)
– Weist v. Lynch, 710 F.3d 121 (3rd Cir. 2013)
– Villanueva v. U.S. Dep’t of Labor, 743 F.3d 103,
109 (5th Cir. 2014)
– Rhinehimer v. U.S. Bancorp Investments, Inc., No.
13-6641 (6th Cir. 2015)
7. Sarbanes-Oxley Protected Conduct
Wallace v. Tesoro Corp., No. 13-51010 (5th Cir.
7-31-2015)
• “[P]roviding information about potential fraud
or assisting in a nascent fraud investigation” is
protected even though the complainant
“might not know who is making the false
representations or what that person is
obtaining by the fraud”
9. Dodd-Frank
Whistleblower Protection
• Protected activity if:
• Provided information to the SEC ;
• Initiating, testifying in, or assisting in SEC
investigation; or
• Disclosing information required or protected by
SOX, the 1934 Act, and any other law, rule, or
regulation subject to the jurisdiction of the SEC.
10. Dodd-Frank
Whistleblower Protection
• Does it cover internal whistleblowing?
–Second Circuit says yes in Berman
–Fifth Circuit says no in Asadi
–Most district courts say yes
–SEC Interpretive Guidance says yes. See
Release No. 34-75592 (Aug. 4, 2015).
• SEC is enforcing anti-retaliation provision of
Dodd-Frank
15. SEC Enforcement of Dodd-Frank
Anti-Gag Provision
• Rule 21F-17(a) under the Exchange Act
provides that “[n]o person may take any
action to impede an individual from
communicating directly with the Commission
staff about a possible securities law violation,
including enforcing, or threatening to enforce,
a confidentiality agreement…with respect to
such communications.”
16. SEC Enforcement of Dodd-Frank
Anti-Gag Provision
• April 2015 administrative action against KBR.
See Exchange Act Release No. 74619 (April 1,
2015).
• No evidence that agreement prevented a KBR
employee from communicating directly with
SEC
• $130,000 penalty
• Companies are amending confidentiality
policies and agreements
17. SEC Enforcement of Dodd-Frank
Anti-Gag Provision
• Increased scrutiny of gag clauses in
settlement agreements and
confidentiality policies at other federal
agencies:
–OSHA
–NLRB
–EEOC
18. Ask Questions Before
Accepting Documents
• State v. Saavedra, N.J. No. A-68-13
(June 23, 2015)
• Factors to consider
• Are documents being retained to
make a disclosure to a government
agency or instead for a retal claim?
• Are the documents relevant?
• Is any of the material privileged?
• Were the documents acquired
unlawfully?
• Did the employee obtain the
documents in the course of
performing ordinary job duties?
20. Halliburton v. Admin. Review Bd
• Merely “outing” a whistleblower is an adverse action under
SOX. Halliburton, Inc. v. Admin. Review Bd., 771 F.3d 254, 259
(5th Cir. 2014).
• “[The] targeted creation of an environment in which the
whistleblower is ostracized is . . . in effect, a potential
deprivation of opportunities for future advancement.”
• Whistleblower need not demonstrate the existence of a
retaliatory motive
21. Protection for Employees of Government
Contractors and Grantees
– False Claims Act, 31 §USC 3730(h)
– NDAA, 41 U.S. Code § 4712 and 10 U.S. Code §
2409
22. FCA Protected Conduct
• Broader scope of protected conduct post-2009 FCA
amendments
• Protects actions in furtherance of a qui tam action and
“other efforts to stop 1 or more violations of [the FCA]”
• Young v. CHS Middle E., LLC, 2015 WL 3396790 (4th Cir. May
27, 2015)
– protect[s] employees while they are collecting information
about a possible fraud, before they have put all the pieces of the
puzzle together
• Need not prove actual FCA violation
• Higher burden for “duty speech” claims
23. NDAA Protected Conduct
• Covers employees of nearly all government contractors
• Excludes contractors of Intelligence agencies
• Broad scope of protected conduct
• Violation of law, rule, or regulation relating to federal
contracts, including competition for or negotiation of a
contract;
• Gross mismanagement, gross waste of federal funds,
abuse of authority; or
• Substantial and specific danger to public health or safety
24. Distinctions Between FCA and NDAA
FCA Anti-Retaliation Provision Sections 827 and 828 of NDAA
Coverage Employee, contractor, or agent Employee of a contractor,
subcontractor, or grantee
Protected
Conduct
Lawful acts done by the
employee, contractor, agent or
associated others 1) in
furtherance of an action under
the FCA or 2) other efforts to
stop 1 or more violations
-Violation of law, rule, or
regulation related to a federal
contract
-Gross mismanagement of a
federal contract or grant
-Gross waste of federal funds
-Abuse of authority relating to a
federal contract or grant
-Substantial and specific danger to
public health or safety
Administrative
Exhaustion
File directly in federal court Must file initially at OSHA; can
remove to federal court after 210
days
Causation
Standard
“But for” causation Contributing Factor
Jury Trial Y Y
Damages Double back pay, reinstatement,
special damages (emotional
distress damages and harm to
reputation), attorney fees
Back pay, reinstatement, special
damages, attorney fees
Statute of
Limitations
3 years 3 years