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 decision upheld dismissal of a whistleblower lawsuit against Johnson & Johnson because plaintiffs misused confidential records and tried to hide it.
- A whistleblower received the SEC’s largest-ever award, $279 million, for information that the Wall Street Journal reported was connected to bribery allegations against telecommunications giant Ericsson that the company paid $1.1 billion to settle.
These examples range broadly, but a common theme remains: Whistleblowers should engage knowledgeable and experienced attorneys early — even before any action is taken. Such attorneys (we offer free, confidential consultations) can help you navigate or sidestep potentially thorny issues.
Although the government has limited resources to pursue whistleblower cases, which may take years, there are provisions for whistleblowers to pursue cases on behalf of the government. For the first time ever, last year the federal government recovered more from these non-intervened cases than the cases it initiates or joins — more than half of total recoveries of $1.2 billion in fiscal 2022. Keller Grover has experience working with government lawyers in these cases and has successfully represented clients in non-intervened cases.
A whistleblower’s most valuable ally in any whistleblower case is experienced attorneys representing them.
In a 2016 speech, then-SEC Enforcement Director Andrew Ceresney spoke to that very issue.
“One thing I get asked about a lot is how we view whistleblower counsel,” he said. “…We welcome the involvement of counsel in whistleblower tips. While whistleblowers can engage with us without the assistance of counsel, counsel experienced in whistleblower representations can help with up-front triage of tips to identify those that have a nexus with the federal securities laws and that may have merit. And they can work with whistleblowers going forward to identify information that will be important to us and that will allow us to advance our investigations.”
Keller Grover provides confidential, free consultations to advise those who have observed suspected wrongdoing and can help you determine the best path forward from the very beginning, helping you minimize the impact of reporting, protect your rights and achieve the best possible outcome for your situation.