Whistleblower Watch

Whistleblower Watch

Reports and Analysis of Developments in Whistleblower Law

Gail D. Zirkelbach

Gail D. Zirkelbach

Gail Zirkelbach is a partner in Crowell & Moring’s Government Contracts Group and resident in the Los Angeles office. She also serves as a member of the firm’s Government Contracts Group Steering Committee. Gail’s practice focuses on internal investigations, defense of fraud actions, and counseling aerospace and technology companies in all government contracts and compliance areas.

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Whistle(blowing) While You Work: GAO Recommends Improvements to Whistleblower Protections Pilot Program

Posted in False Claims Act (FCA)
On March 2, 2017, the U.S. Government Accountability Office (GAO) published a report highlighting necessary improvements to effectively implement the Whistleblower Protections Pilot Program (WPPP).  The WPPP, introduced in the National Defense Authorization Act for Fiscal Year 2013, and made permanent by Congress in December 2016, expanded whistleblower rights against reprisal for employees of contractors,… Continue Reading

DoD Prohibits FY17 Funds For Contractors with Restrictive Confidentiality Agreements

Posted in Department of Defense
On November 14, 2016, the Department of Defense issued a class deviation prohibiting DoD agencies from awarding FY 2017 funds to companies that require employ­ees or subcontractors to sign internal confiden­tiality agreements or statements that restrict them from lawfully reporting waste, fraud, or abuse. As described here, the deviation comes at a time of increased… Continue Reading

No Escaping (Legislative) History

Posted in False Claims Act (FCA)
Last month, in Gierer v. Rehab Medical, the U.S. District Court for the Eastern District of Missouri granted the defendant’s motion to dismiss the portions of the whistleblower’s complaint that alleged punitive damages against her former employer pursuant to her § 3730(h) FCA retaliation claim. Courts have routinely held that Congress did not intend for… Continue Reading

The Changing Landscape of Internal Investigations – Crowell & Moring’s 2015 OOPS Event

Posted in Events, False Claims Act (FCA), Internal Investigations
Crowell & Moring’s 31st annual Ounce of Prevention Seminar (OOPS) will take place in Washington, D.C. from May 5-6 and in Marina del Rey, CA on May 14. This year’s seminar, “White House v. Congress:  Government Contractors Bracing for the Showdown in Washington,” will cover an array of policies and legislation that will have sweeping… Continue Reading