The U.S. Supreme Court soon will take up an appeal that will decide a crucial issue for whistleblowers. The issue to be decided: How carefully will courts guard whistleblowers against retaliation? The justices take up the question during the upcoming term, which starts in October. The case involves Trevor Murray, who started work for UBS Securities in April 2011, the only research strategist for the company’s commercial mortgage-backed securities (CMBS) arm. Federal regulations dictate … [Read more...]
Whistleblower cases can pit David versus Goliath — prepare yourself with the right strategy
Whistleblower cases are complex, and they often pit laypeople — an everyday worker just trying to do the right thing — against well-heeled, powerful, experienced opponents. Several cases making headlines this year illustrate this scenario: Large railroads, such as Norfolk Southern, Union Pacific and others, face questions about their safety procedures following accidents and hundreds of whistleblower complaints during the past five years. A recently unsealed federal appeals court … [Read more...]
SCOTUS Decision Underscores Why Whistleblowers Need Expert Advocates
A longstanding but rarely tested corner of whistleblower law flew to the forefront this month in the form of a decision by the U.S. Supreme Court. We get into the specifics below, but here’s the underlying lesson: In today’s legal environment, whistleblowers benefit greatly from retaining counsel with a thorough understanding of the law and a solid track record of communicating with the U.S. Department of Justice. Understanding the decision requires a bit of background. We often help … [Read more...]
California Law Protects Whistleblowers Even if Employer Already Knew About Complaints
The California Supreme Court this month ruled that employees who report labor law violations to an employer or agency that already knew about the violation is a protected disclosure under state whistleblower law. The ruling in a case brought by the state’s Labor Commissioner means that whistleblowers who report “already known” violations are subject to anti-retaliation protection. The state’s Labor Code prohibits employers from retaliating against employees for “disclosing information” … [Read more...]
Whistleblowers Can Help Fight Fraud – and Climate Change – At the Same Time
We’ve told you before about the potential for fraud in government programs intended to protect the “Blue Economy” and how the False Claims Act enables whistleblowers to report wasteful spending on federal programs designed to protect the environment. However, other whistleblower programs besides the FCA can help safeguard the environment, even if the individuals or corporations involved aren’t contracted by the federal government. Blowing the whistle on shipping pollution The … [Read more...]
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