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Tag Archives: amicus

Amicus Filed in Major SOX case, Genberg v. Porter

Posted in Corporate Whistleblowers
On Friday, January 6th 2017, the National Whistleblower Center filed an Amicus Brief before the Tenth Circuit in Genberg v. Porter. The Genberg case deals with the definition of reasonable belief under the Sarbanes-Oxley Act (SOX). SOX requires whistleblowers to have a reasonable belief that a violation has happened or might happen in the future in order to be protected.… Continue Reading

NWC Releases End-of-Year Report Boasting Whistleblower Successes of 2016

Posted in End of Year
Today, the National Whistleblower Center (NWC) released its End-of-Year Report, filled with whistleblower successes from 2016.  In the past year, the NWC continued its mission to strengthen whistleblower protections and incentives, defend whistleblowers’ rights, and educate people at home and abroad about the power of whistleblowers in combatting fraud and corruption.… Continue Reading

Huge Win for Whistleblowers with Unanimous Supreme Court Decision

Posted in False Claims / Qui Tam
Washington, D.C. December 6, 2016. An attempt by large government contractors and the U.S. Chamber of Commerce to undermine the False Claims Act (FCA) was beaten back by whistleblower advocates. The U.S. Supreme Court issued a unanimous decision today in the case of State Farm Fire and Casualty Company v. U.S. ex rel. Rigsby ruling that breaches to the confidentiality… Continue Reading

End-of-Year Amicus Round-Up!

Posted in End of Year
The National Whistleblower Center (NWC) filed several amici curiae (friend of the court) briefs this year to support whistleblowers and advocate for their protection.  In particular, NWC briefs have addressed compelling legal issues including preventing attempts to weaken the False Claims Act (FCA) before the United States Supreme Court, and supporting whistleblower rights for veterans before the Federal Circuit Court.… Continue Reading

United States Supreme Court Hears Oral Argument in Landmark Whistleblower False Claims Act Case

Posted in False Claims / Qui Tam, News
Ruling in Universal Health Services v. U.S. ex rel. Escobar will have major impact in government contract fraud cases. Washington, D.C. April 19, 2016. The U.S. Supreme Court heard Oral Argument today in a landmark whistleblower case, Universal Health Services v. U.S. ex rel. Escobar, arising under the False Claims Act.  The Escobar case will determine how specific government contracts… Continue Reading

National Whistleblower Center presents original documents showing the intent of the False Claims Act

Posted in Corporate Whistleblowers, False Claims / Qui Tam
The National Whistleblower Center recently filed an Amicus (friend of the court) brief in the case Universal Health Services v. U.S. ex rel. Escobar. The legal issue behind the case concerns the False Claims Act, America’s premier whistleblower law and its best defense against government contracting fraud. The question at hand asks whether a contractor can only be held liable… Continue Reading

NWC Joins Amicus in SOX Whistleblower Retaliation Case

Posted in Corporate Whistleblowers
Yesterday, the National Whistleblower Center joined other groups in filing an amici curiae brief with the Department of Labor Administrative Review Board (ARB) in Powers v. Union Pacific Railroad Company, ARB Case No. 13-034.  Joining the NWC as amici are the National Employment Lawyers Association, the Truckers Justice Center and Teamsters for a Democratic Union. The ARB called for amici… Continue Reading

NWC joins Amicus Brief in Support of Whistleblower’s Petition for Certiorari

Posted in False Claims / Qui Tam, News
On June 26th, 2014, the National Whistleblower Center joined in an amicus brief filed in Kalyanaram v. New York Institute of Technology before the U.S. Supreme Court in support of the Petition For Writ Of Certiorari. The issue involves whether whistleblowers can be required to reveal the fact they have filed a False Claims Act case, which is under seal,… Continue Reading

NWC joins in amicus to 5th Circuit to preserve collective actions

Posted in Corporate Whistleblowers
The National Whistleblowers Center (NWC) joined with 24 other organizations to submit an amicus brief to the Fifth Circuit U.S. Court of Appeals. The D.R. Horton company has appealed a major decision of the National Labor Relations Board (NLRB) holding that employees have an inalienable right to bring collective and class action lawsuits. At stake is the right of employees… Continue Reading

NWC amicus urges Supreme Court to reverse in Lawson

Posted in Corporate Whistleblowers
Today, Stephen M. Kohn and I are filing a "friend of the court" brief urging the United States Supreme Court to accept review of, and reverse, the First Circuit’s decision in Lawson v. FMR. I wrote here previously about the two-judge majority in the First Circuit had terribly misconstrued the Sarbanes-Oxley Act (SOX) to deny protection to the employees of… Continue Reading

NWC Files Amicus Brief in Major Tax Whistleblower Case

Posted in Tax Whistleblowers
The National Whistleblowers Center (NWC) has filed an amicus curiae (“friend of the court”) brief in a precedent-setting whistleblower tax case pending before the U.S. Tax Court. The case, Insinga v. Commissioner of Internal Revenue, alleged that the IRS delay in ruling on whistleblower reward cases was tantamount to a denial of claims. The NWC is asking the Court to… Continue Reading

NWC amicus brief urges protection for railroad workers

Posted in Department of Labor
Today, attorney Stephen Kohn (Executive Director of the National Whistleblowers Center) and I are filing an amicus brief with the U.S. Department of Labor’s Administrative Review Board (ARB). The brief urges the ARB to affirm a decision of an Administrative Law Judge (ALJ) in favor of Christopher Bala, a signalman for the PATH railway that carries commuters between New Jersey… Continue Reading

ARB limits SOX protections outside the US

Posted in Corporate Whistleblowers, Department of Labor, Tax Whistleblowers
By a 3-2 vote on a major case, the Department of Labor’s Administrative Review Board (ARB) has limited the application of the Sarbanes-Oxley Act (SOX) whistleblower protection outside the boundaries of the United States. The case is Villanueva v. Core Laboratories, NV, ARB No. 09-108, ALJ No. 2009-SOX-6 (ARB Dec. 22, 2011) (en banc).  The decision is particularly disappointing after… Continue Reading

NLRB agrees that employees cannot waive right to class actions

Posted in Corporate Whistleblowers, News, Whistleblower FAQ
This week, the National Labor Relations Board (NLRB) issued a major decision holding that employees have an inalienable right to bring collective and class action lawsuits. The National Whistleblowers Center (NWC) joined with the National Employment Lawyers Association (NELA) and other groups in an amicus brief to urge the NLRB to reach this decision. This long-recognized right of employees to… Continue Reading

NWC Urges Supreme Court Not to Weaken the Privacy Act

Posted in News
Privacy Act Protections for Whistleblowers At Risk On Tuesday, October 4, 2011, the National Whistleblower Center filed a friend of the court brief with the U.S. Supreme Court in support of the plaintiff in a Privacy Act case, Federal Aviation Administration v. Cooper, No. 10-1024. The Supreme Court is currently reviewing whether the Privacy Act permits the recovery of damages… Continue Reading

Amicus Brief argues for SOX coverage for Villanueva

Posted in Corporate Whistleblowers, Department of Labor, Tax Whistleblowers
The National Whistleblowers Center (NWC) and the National Employment Lawyers Association (NELA) filed an amicus brief this week in Villanueva v. Core Laboratories NV, a case pending at the U.S. Department of Labor’s Administrative Review Board (ARB). The brief argues that SOX should protect whistleblower William Villanueva, even though he worked for Core’s subsidiary in Columbia. Core Laboratories NV is… Continue Reading

NWC joins in NLRB amicus to preserve collective actions

Posted in Corporate Whistleblowers
The National Whistleblowers Center (NWC) joined with 26 other organizations to submit an amicus brief to the National Labor Relations Board (NLRB). At stake is the right of employees to join together for collective and class actions. This long-recognized right is under attack by forced arbitration agreements in which companies demand that all their employees give up these rights as… Continue Reading

NWC files brief arguing that SOX protects disclosures to the media

Posted in Corporate Whistleblowers, Department of Labor, News
On behalf of the National Whistleblowers Center (NWC), David Colapinto and I filed a friend-of-the-court brief last week arguing that the Sarbanes-Oxley Act (SOX) can protect corporate whistleblowers who make disclosures through the media. We filed the brief with the U.S. Court of Appeals for the Ninth Circuit in the case of Tides v. The Boeing Company, Case No. 10-35238.… Continue Reading

NWC joins with NELA and GAP for ARB amicus on SOX subsidiary coverage

Posted in Department of Labor
In April, I wrote here about the request of the Department of Labor’s Administrative Review Board (ARB) for amicus (friend of the court) briefs on whether the Sarbanes-Oxley Act (SOX) protects employees of subsidiaries.  The National Whistleblowers Center (NWC) joined with the National Employment Lawyers Association and the Government Accountability Project to submit an amicus brief as requested by the… Continue Reading

Solicitor of Labor Patricia Smith speaks about policy

Posted in Department of Labor
Patricia Smith (pictured at the podium) is now finally confirmed as the Solicitor of Labor, the official legal counsel for the U.S. Department of Labor. On June 25, 2010, she spoke to the annual convention of the National Employment Lawyers Association (NELA). "Labor rights are civil rights," Smith told us, making clear that she intends to elevate labor policy to… Continue Reading

DC Circuit Court of Appeals vacates sanctions and approves inferences

Posted in Government Whistleblowers
I am pleased to report that last Friday the U.S. Court of Appeals for the District of Columbia Circuit vacated a sanction against DC employee rights attorney John Karl, and held that attorneys are free to make arguments based on inferences. I submitted an amicus brief in the case on behalf of the National Employment Lawyers Association (NELA).Together we prevailed… Continue Reading

Brief: It’s not “absurd” to follow SOX law.

Posted in Corporate Whistleblowers
A few federal judges have been reluctant to follow a provision in the 2002 Sarbanes-Oxley (SOX) law that allows corporate fraud whistleblowers to have a de novo trial in federal court. One judge in Maryland ordered a SOX case back to the Department of Labor’s Administrative Review Board (ARB) saying that the de novo provision was "absurd."  Yesterday, I filed an… Continue Reading