Wrongful Termination Claims May Invoke Whistleblower Protections in COVID-19

May 2020 The wave of coronavirus related litigation has already begun and will no doubt continue many years into the future, especially considering the case backlog that the pandemic has exacerbated.  As described in recent articles, areas of litigation include (but are by no means limited to) Price gouging Failure to provide good faith insurance [...]

Study Offers Statistical Evidence on the Value of Whistleblower Reporting Systems

June 2019 A study published in April 2019 and conducted by researchers at George Washington University offers a quantification of the generally held understanding that effective whistleblower systems contribute to business performance.  The study, entitled Evidence on the Use and Efficacy of Internal Whistleblowing Systems, is based on analysis of a propriety dataset of nearly [...]

2019-07-02T11:44:14-07:00Whistleblower Systems|

Severance Agreements Cannot Dissuade Whistleblower Reports

September 2016 The Securities and Exchange Commission (“SEC” or the “Commission”) protects whistleblowers through Rule 21F-17, enacted under the Dodd-Frank Wall Street Reform and Consumer Protection Act, which states 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.” Prior cases have [...]

CFTC Awarding 8 Figure Whistleblower Awards

May 2016 The U.S. Commodity Futures Trading Commission (“CFTC”) recently announced its largest ever whistleblower award, providing over $10 million to an unnamed individual whose information facilitated a successful CFTC enforcement action regarding violations of the Commodity Exchange Act (“CEA”). The CFTC’s whistleblower program derives from section 748 of the Dodd-Frank Wall Street Reform and [...]

Case Demonstrates the Limits of Whistleblower Protection

December 2014 The efforts to encourage and protect whistleblowers have been wide-reaching. However there are differences between the rewards and the protections based on the agency and laws involved. A recent case entitled Gary Vander Boegh v. EnergySolutions, Inc. demonstrated that not all protections are equal. The U.S. Department of Energy (“DOE”) hired Mr. Vander [...]