Whistleblower Watch

Whistleblower Watch

Reports and Analysis of Developments in Whistleblower Law

Tag Archives: Watch List

High Court Recognizes FCA Liability Based on Implied Certification

Posted in False Claims Act (FCA)
Last week in Universal Health Servs. v. U.S. ex rel. Escobar, the Supreme Court recognized the implied certification theory of FCA liability, subject to “rigorous” and “demanding” application of the scienter and materiality standards.  The Court unanimously held that a defendant may be liable under the FCA when, in connection with a claim for payment… Continue Reading

Supreme Court to Hear FCA Seal Violation Issue

Posted in False Claims Act (FCA)
For the third consecutive year, the Supreme Court will hear a case involving the False Claims Act (FCA).  On May 31, the Court granted review in State Farm Fire and Cas. Co. v. U.S. ex rel. Rigsby to address the applicable standard for dismissal in FCA cases when whistleblowers (referred to as relators under the… Continue Reading

Second Circuit Creates Circuit Split Over Internal Whistleblowers

Posted in Dodd-Frank Act (Dodd-Frank), Securities & Exchange Commission (SEC), Whistleblower Retaliation
The Second Circuit ruled in Berman v. Neo@Ogilvy LLC that a whistleblower whose employment was terminated after he raised concerns internally at his company, rather than filing a formal complaint with the SEC, was protected from retaliation under the Dodd-Frank Act. While recognizing that the statutory protections do not clearly cover internal complainants, the Second… Continue Reading

“Watch List” Update: Third Circuit Avoids Opining on Protection of Internal Whistleblowers

Posted in Dodd-Frank Act (Dodd-Frank), State Whistleblower Laws, Whistleblower Retaliation
The Third Circuit Court of Appeals recently issued its decision in Safarian v. American DG Energy Inc., a case we have been watching closely. Although the trial court sidestepped the issue, the SEC had filed an amicus curiae brief asking the Third Circuit to hold that the Dodd-Frank Act covers whistleblowers who report their concerns… Continue Reading

“Watch List” Update: New Jersey Supreme Court Says “Watchdog” Employees Can Be CEPA Whistleblowers; No Special Requirements Imposed

Posted in State Whistleblower Laws, Whistleblower Retaliation
The New Jersey Supreme Court recently ruled that “watchdog” employees should be treated like all other employees under the state’s Conscientious Employee Protection Act (CEPA). In Lippman v. Ethicon, Inc., a case we reported on in January, the New Jersey Supreme Court upheld an intermediate appellate court’s decision that employees with compliance-related job duties, or… Continue Reading

“Watch List” Update: New Jersey Whistleblowers Can Be Prosecuted for Taking Documents

Posted in State Whistleblower Laws, Whistleblower Retaliation
On Tuesday, the New Jersey Supreme Court issued its decision in State v. Saavedra, holding that a whistleblower can face criminal charges for taking sensitive documents from her employer to support her discrimination and retaliation lawsuit. As we have discussed before, Ivonne Saavedra, a former North Bergen Board of Education employee, took hundreds of confidential… Continue Reading

“Watch List” Update: 2nd Circuit Affirms SEC’s Denial of Award to Pre-Dodd-Frank Tipster

Posted in Dodd-Frank Act (Dodd-Frank), Securities & Exchange Commission (SEC)
Following up on a case we first reported on in October 2014, the Second Circuit recently affirmed the SEC’s refusal to grant an award to a tipster who provided information to the SEC prior to when the Dodd-Frank Act took effect.  In Stryker v. Securities and Exchange Commission, the plaintiff was seeking an award under… Continue Reading

“Watch List”: SEC Argues in 2nd Circuit That Internal Whistleblowers Are Protected Under Dodd-Frank

Posted in Dodd-Frank Act (Dodd-Frank), Securities & Exchange Commission (SEC), Whistleblower Retaliation
Late last week the Securities and Exchange Commission (SEC) filed an amicus brief urging the Second Circuit to extend protection under the anti-retaliation provisions of the Dodd-Frank Act to individuals who only report complaints internally to their employer, and not to the SEC. If the Second Circuit sides with the SEC and plaintiff in Berman… Continue Reading

“Watch List”: New Jersey Supreme Court to Consider Whether Whistleblower Suit Preempted by LMRA

Posted in State Whistleblower Laws
The New Jersey Supreme Court just granted a petition for certification in a case in which it should decide whether Section 301 of the Labor Management Relations Act (LMRA) preempts a claim brought be a putative whistleblower under the New Jersey Conscientious Employee Protection Act (CEPA). The appellate court upheld the trial court’s grant of… Continue Reading

“Watch List”: New Jersey Supreme Court Considers Scope of CEPA Protections For “Watchdog” Employees

Posted in State Whistleblower Laws, Whistleblower Retaliation
The New Jersey Supreme Court heard oral argument earlier this week that will likely define the scope of protections for “watchdog” employees under New Jersey’s Conscientious Employee Protection Act (CEPA). In Lippman v. Ethicon, Inc., a New Jersey appellate court overturned a superior court decision granting summary judgment to Ethicon on Lippman’s claim that he… Continue Reading

“Watch List”: SEC Files Amicus Brief in Debate Over Internal Whistleblower Protection Under Dodd-Frank

Posted in Dodd-Frank Act (Dodd-Frank), Securities & Exchange Commission (SEC), Whistleblower Retaliation
On December 11, 2014, the SEC filed an amicus brief in the closely watched Safarin v. American DG Energy case currently pending in the Third Circuit. The SEC’s brief encourages the court to rule that the Dodd-Frank anti-retaliation protections extend to whistleblowers that report their concerns internally, but fail to report them to the SEC.… Continue Reading

“Watch List”: New Jersey Supreme Court Considers Appeal of Indictment of Whistleblower Who Stole Cache of Confidential Documents to Support Claims

Posted in State Whistleblower Laws
Employers and the plaintiff’s bar eagerly await the decision of the New Jersey Supreme Court after it recently heard oral argument in an appeal of the state’s indictment against Ivonne Saavedra for criminal theft after she took more than 300 documents to support her civil lawsuit under the New Jersey Conscientious Employee Protection Act (CEPA).… Continue Reading

“Watch List”: Pre-Dodd-Frank Tipster Seeks Bounty in 2nd Circuit

Posted in Dodd-Frank Act (Dodd-Frank), Securities & Exchange Commission (SEC)
The Second Circuit recently heard oral argument in a case in which a whistleblower who provided information to the SEC before the Dodd-Frank Act seeks payment of an award under the Act’s bounty provisions. In Stryker v. U.S. Securities and Exchange Commission, Larry Stryker is appealing the SEC’s denial of his claim for an award… Continue Reading

“Watch List”: 8th Circuit Rejects Opportunity to Address Debate Over Internal Whistleblower Protection Under Dodd-Frank

Posted in Dodd-Frank Act (Dodd-Frank), Securities & Exchange Commission (SEC), Whistleblower Retaliation
Just like the Second Circuit a few weeks ago, the Eighth Circuit recently refused to wade into the debate over whether an employee who reports concerns internally only, and not to the SEC, qualifies as a whistleblower under the Dodd-Frank Act. In Bussing v. COR Clearing LLC, the Eighth Circuit denied the defendant’s motion for… Continue Reading