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Whistleblower Group

This archive page contains posts by the Whistleblower Practice Group.  For all Whistleblower pages, please see: 

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In Their Own Words - Tykulsker

Posted  01/9/15

 -- “THE CORPORATE ASSAULT ON THE PUBLIC’S WHISTLEBLOWER PROTECTIONS IS PART OF A BROADER ATTACK BY WALL STREET AND BIG CORPORATIONS TO UNDERMINE OR REPEAL WELL-ESTABLISHED SAFEGUARDS FOR OUR SAFETY AND HEALTH, THE ENVIRONMENT, AND FINANCIAL SECURITY.”

David Tykulsker, general counsel of the New Jersey Work Environment Council, on the New Jersey Supreme Court’s pending decision on whether to effectively gut...

January 9, 2015

New York Attorney General Eric T. Schneiderman announced a settlement with Encore Capital Group, Inc., a major debt buyer, for bringing improper debt collection actions against thousands of New York consumers. According the state, Encore sued New York consumers and obtained uncontested default judgments against consumers who failed to respond to the lawsuits, even though the underlying claims were untimely under New York law. Under the settlement, Encore will seek to vacate more than 4,500 improperly obtained judgments totaling nearly $18 million. Encore will also reform its debt collection practices and pay civil penalties and costs in the amount of $675,000. NY

DOJ Catch Of The Week -- Institute For Cardiovascular Excellence

Posted  01/9/15
By the C|C Whistleblower Lawyer Team This week's Department of Justice "catch of the week" goes to Florida cardiologist, Dr. Asad Qamar, and his physician group, the Institute for Cardiovascular Excellence.  On Monday, the DOJ intervened in two whistleblower lawsuits alleging Qamar and his group billed Medicare for medically unnecessary peripheral artery interventions and paid kickbacks to patients by waiving...

Whistleblower News From The Inside - January 9, 2015

Posted  01/9/15
By the C|C Whistleblower Lawyer Team NJ Supreme Court to decide whether to gut workplace protections for whistleblowers -- The Court is about to decide whether to maintain the whistleblower protections of the state’s Conscientious Employees Protection Act “or effectively repeal them by judicial fiat . . . [by declaring] that workers would not be protected if reporting wrongdoing could be considered to be part of...

The Not So Friendly Skies: When "Saying Something" Leads to Retaliation

Posted  01/8/15
By Marlene Koury We all know the motto: if you see something, say something. The thirteen senior United flight attendants making the news this week saw something, said something, and, as alleged in their complaint filed earlier this week, were fired in retaliation. On July 14, 2014, while preparing to depart San Francisco with a nearly full 747 plane bound for Hong Kong, the attendants became aware that someone...

Fifth Circuit Finds Government Knowledge Defense Not Appropriate On Motion To Dismiss

Posted  01/8/15
By the C|C Whistleblower Lawyer Team Under the so-called "government knowledge" defense, the government's awareness of a fraud can defeat False Claims Act liability on the ground the defendant did not "knowingly" defraud the government since the government acted with full information.  It is not a statutory defense but merely a way for a defendant to rebut the intent (or scienter) element of a False Claims Act...

In Their Own Words - Lam

Posted  01/7/15

-- “Given the gravity of the risks involved – the lives of passengers and crew alike – we were not willing to bow to United's pressure to ignore an unresolved security threat even though the company made clear that we risked losing our jobs.”

Grace Lam, one of the terminated flight attendants who filed a whistleblower complaint against United. Click here for more.

Whistleblower News From The Inside - January 7, 2015

Posted  01/7/15
By the C|C Whistleblower Lawyer Team Flight attendants file whistleblower complaint against United – Thirteen flight attendants charged the airline with unlawfully firing them in retaliation for refusing to fly on a Boeing 747-400 passenger aircraft after learning of a credible and specific threat to the safety of the aircraft, its passengers and crew.  Herald Online Navy Commander pleads guilty in bribery...

January 7, 2015

Florida Attorney General Pam Bondi announced that Florida, along with California, Colorado, Kentucky, and Ohio and the federal government, entered a $22 million national settlement with DaVita Healthcare Partners, Inc., one of the leading providers of dialysis services in the US. The settlement resolves allegations originating in a whistleblower lawsuit that DaVita paid illegal kickbacks to induce the referral of patients to its dialysis clinics, causing false claims to be submitted to the Medicaid program. DaVita will pay Florida $5.6 million in restitution and other recoveries. FL

January 7, 2015

Florida Attorney General Pam Bondi, along with eight other attorneys general, announced a settlement with Nevada-based online retailer Zappos.com, Inc. to resolve allegations that Zappos placed consumers’ personal data at risk by allegedly failing to protect financial information during a data breach that occurred in 2012. Zappos has agreed to pay $106,000 to the states and must take certain actions intended to better protect consumers’ information. FL
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