Whistleblower Insider Blog

Whistleblower News From The Inside - January 9, 2015

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

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

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

-- “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

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...

In Their Own Words - Henning

-- “Companies are sure to resist efforts to broaden the [Dodd-Frank whistleblower] anti-retaliation provision.  But they could find themselves on the wrong side of the issue by appearing to shield wrongdoing if they fight efforts to encourage whistle-blowing.”

New York Times writer Peter J. Henning from his piece on Who Is a Whistle-Blower? The Courts Weigh In.  Click here for more.

Whistleblower News from the Inside - January 6, 2015

By the C|C Whistleblower Lawyer Team Who is a whistleblower? -- Questions remain on exactly who qualifies for coverage under the whistleblower retaliation protections of the Dodd-Frank Act.  NYT US intervenes in cardiologist whistleblower suit -- The action alleges Dr. Asad Qamar and his physician group, the Institute for Cardiovascular Excellence, billed Medicare for medically unnecessary peripheral artery...

Top-20 False Claims Act and DOJ Fraud Settlements for 2014

By the C|C Whistleblower Lawyer Team Here is our look-back at the top-20 False Claims Act and other DOJ fraud settlements for 2014. 20.  OtisMed Corp. -- The medical products manufacturer and its former CEO agreed to pay more than $80 million for distributing knee replacement surgery cutting guides (called the OtisKnee) after the Food and Drug Administration (FDA) had rejected their application for marketing...

Top-10 FCPA (Foreign Corrupt Practices Act) Settlements for 2014

By the C|C Whistleblower Lawyer Team Here is our look-back at the top-10 FCPA (Foreign Corrupt Practices Act) settlements for 2014. 10.  Bruker Corp. -- The Massachusetts-based manufacturer of scientific instruments agreed to pay $2.4 million to settle charges of providing non-business related travel and improper payments to various Chinese government officials in an effort to win business there. Click here...

Top-10 Whistleblower Law Decisions for 2014

By the C|C Whistleblower Lawyer Team Here is our look-back at the top-10 whistleblower law decisions for 2014. 10.  SOX Whistleblower Reach -- What it takes to make out a whistleblower retaliation claim under the Sarbanes-Oxley Act got a little clearer thanks to the Second Circuit decision in Nielsen v. AECOM Technology Corp. There, the Court wrestled with exactly what kind of complaint a whistleblower needs to...