In conjunction with an omnibus spending bill, Congress passed in late December 2022, the Anti-Money Laundering Whistleblower Improvement Act, which on December 29, 2022, President Biden signed into law. This law permits whistleblowers to receive 10% to 30% of any monetary sanction the government imposes over $1 million for money
Articles Discussing Employee Whistleblowers.
SEC Fines Activision Blizzard $35M for Whistleblower Infractions
Activision Blizzard, the video game company that produced popular games including Call of Duty and Guitar Hero, has been fined $35 million by the U.S. Securities and Exchange Commission for violating whistleblower protection rules. Just last year, the company paid $18 million to settle an EEOC lawsuit regarding claims of
New Anti-Money Laundering Whistleblower Improvement Act Expands Coverage and Strengthens Incentives for Whistleblowers
On December 29, 2022, President Biden signed a new whistleblower law that significantly increases the risk and cost of whistleblower claims for domestic and overseas financial services institutions that must be cognizant of anti-money laundering (AML) laws and regulations. This covers 26 categories of institutions, including banks, branches and
Littler World Cup Matchups Part 5: Whistleblower Protections
ExxonMobil Ordered to Pay $800k to Whistleblowers
Earlier this month, The Department of Labor’s Occupational Safety and Health Administration (OSHA) ordered ExxonMobil Corp. to reinstate two whistleblowers who were fired from the oil company in 2020, after raising concerns about the company’s financial practices. The company was also ordered to pay their former employees over $800,000 in
Female Whistleblower Fired from the New Yorker After Calling Out Workplace Inequity
On July 25, 2022, Erin Overbey — a former archives editor at the New Yorker — took to Twitter to share news of her termination from the magazine. Overbey, who had previously spoken up about gender and race inequity within her work environment, was placed on “performance review” shortly after
How are multinational employers approaching whistleblower hotlines and guarding against whistleblower retaliation?
Refreshing Whistleblower Processes for the Remote Workplace: Best Practices
At the onset of COVID in 2020, the Wall Street Journal reported that over a three-month period, there were a deluge of tips, complaints and possible referrals to the U.S. Securities and Exchange Commission (“SEC”). More recently, the SEC has reported record whistleblower awards. And although the extent to which
U.S. Supreme Declines to Resolve Circuit Split on False Claims Act Anti-Retaliation Provisions
The U.S. Supreme Court has declined to settle a split among federal appeal courts on whether former employees are covered by whistleblower anti-retaliation protections contained in the False Claims Act (FCA). United States ex rel. David Felten v. William Beaumont Hosp., 993 F.3d 428 (6th Cir. 2021), cert. denied, No.
Fifth Circuit Cases Underscore Need for Attention to Detail in Arbitration Agreements Covering Whistleblower Claims
In the last ten years alone, SCOTUS and Circuit Courts have shaped the way employers craft and use arbitration agreements with their workforce, and the trend shows no sign of slowing down. In the last few months, recent court decisions have reinforced the notion that employers must always be vigilant
Blowing The Whistle May Not Act As A Shield: The Consequences of Misconduct
That an employee may have engaged in protected activity under The Sarbanes-Oxley Act (“SOX”) does not render their employer unable to address the employee’s subsequent misconduct or other inappropriate behavior. Employers retain the ability to take adverse employment action for legitimate reasons unrelated to an employee’s arguably protected activity under
Expanded Protections For Whistleblowers Require Strong Commitment to Compliance Programs
With so much happening during the holidays, who wants to think about preventive steps and corporate compliance? Unfortunately, expansion of New York’s “whistleblower protection” laws coupled with the ongoing pandemic-related return to work issues make it increasingly critical for employers to ring in the New Year with an understanding of
SEC Reports Significant Increases In FY2021 Whistleblower Program
Fiscal Year 2021 was a record year for the Whistleblower Program (the “Program”) of the U.S. Securities and Exchange Commission (the “SEC” or the “Commission”). The Commission released its 2021 Annual Report to Congress (the “Report”) last Monday and it reflects substantial increases in many different metrics. The Program has
How will the European Whistleblower Directive Impact Dutch Law?
The European Directive for the protection of persons who report breaches of European Union law (the “Whistleblower Directive“) sets the minimum standards for protecting people who report EU law breaches.
False Claims Act Retaliation in 2021
A corporate whistleblower can create more financial, organizational, and reputational damage to an employer by using the federal False Claims Act (FCA), 31 U.S.C. § 3729-33, than by using any other “whistleblower” law. While the FCA contains no requirement that the whistleblower be an employee to create the damage,