Archive

Sixth Circuit Rules on Mandatory Arbitration of Whistleblower Retaliation Claims

By Gordon Schnell Mandatory arbitration clauses are all the rage these days with more and more companies insisting on these provisions in their dealings with customers and employees. It is no wonder why. Arbitrations are typically much less expensive, intrusive and protracted than litigating through the courts. Perhaps even more importantly, they can be used to bar class actions and discourage lawsuits altogether...

Supreme Court Takes Broad View of Whistleblower Protection

By Jason Enzler A Supreme Court decision this week settled a brewing conflict among authorities on who can benefit from the anti-retaliation protections for whistleblowers in the Sarbanes-Oxley Act of 2002 (SOX).  And the outcome is good for whistleblowers.   The Supreme Court ruled that employees of private contractors and subcontractors who provide services to public companies can be protected whistleblowers...

Legislative Update: Proposed Amendment to Military Whistleblower Protection Act

By the C|C Whistleblower Lawyer Team The House last week approved section 1714 of the National Defense Authorization Act (NDAA), which would revamp what many believe to be the weak and ineffective Military Whistleblower Protection Act of 1998 (“MWPA”).  This amendment, if passed, would strengthen the protections afforded to those in the military who report sexual assault, fraud or other misconduct.  It was...

Fifth Circuit Eliminates Key Whistleblower Retaliation Protections Under Dodd-Frank – A Pyrrhic Victory for Corporations

By Gordon Schnell In a legal ruling that many corporations are surely celebrating, the Fifth Circuit Court of Appeals has significantly narrowed the scope of who qualifies as a whistleblower under the Dodd-Frank Act.  It is only those individuals who actually provide information to the government (through the SEC or CFTC).  If a whistleblower only reports internally, to a supervisor or through the company's...

The Long and Winding Road to Whistleblower Protections for Government Employees

By Marlene Koury On September 28, the House of Representatives unanimously passed the Whistleblower Protection Enhancement Act (“WPEA”), various versions of which have been making the rounds in Congress for the past decade.  The WPEA includes 10 reforms to the existing Whistleblower Protection Act (“WPA”), passed in 1989, which was supposed to protect from retaliation federal employees who report...

Taking Internal Whistleblowers More Seriously -- The DOJ's New Whistleblower Ombudsperson Position

By Gordon Schnell In a hopeful sign that the Department of Justice (DOJ) will be taking internal whistleblowers more seriously, the agency's Office of Inspector General (OIG) announced last week the creation of a Whistleblower Ombudsperson position.  The new ombudsperson will be responsible for educating DOJ staff on the role and importance of internal whistleblowers in uncovering agency abuse and mismanagement...