Tag Archives: Whistleblower

Defend Trade Secrets Act Immunization for Whistleblowers: More Effective Than the Average Flu Shot?

Defend
A unique feature of the Defend Trade Secrets Act (DTSA)—the federal statute opening federal courthouse doors to civil claims for trade secret misappropriation—is that it gives immunity from civil or criminal liability to whistleblowers under federal or state trade secret laws for disclosing a trade secret in confidence to a government official or an attorney … Continue reading this entry

What Will Happen When the Smoke Clears? Post-Election HR Strategies for 2017 and Beyond

Trade Secrets
The long and contentious presidential campaign is over.  So, now what?  What does President-elect Trump’s victory mean for employers? To explore this question, Foley and Lardner LLP’s Labor & Employment Practice group hosted a webinar titled “What Will Happen When the Smoke Clears? HR Strategies for 2017 and Beyond” on November 10, 2016.  The team … Continue reading this entry

OSHA Update—OSHA Issues Enforcement Guidance on New Reporting and Anti-Retaliation Provisions

The Occupational Safety and Health Administration (“OSHA”) has issued a memorandum to its Regional Administrators and published a new webpage outlining its planned enforcement of the new reporting and anti-retaliation provisions.  The agency’s guidance does little more than restate and expound upon what it has already provided in previous documents, such as in the 2012 … Continue reading this entry

OSHA Update—OSHA Issues Final Rule Regarding Retaliation Claims under the Affordable Care Act

The Occupational Safety and Health Administration (“OSHA”) announced yesterday that it has published a final rule regarding how it will handle retaliation claims brought by employees under the Affordable Care Act (“ACA”).  OSHA is generally tasked with investigating whistleblower complaints brought by employees under the Occupational Safety and Health Act, as well as many other … Continue reading this entry

OSHA Update—New Guidance on Settlement Agreements in Whistleblower Cases

The Occupational Safety and Health Administration (“OSHA”) recently issued new guidelines for the approval of settlement agreements between employers and employees during whistleblower cases. These guidelines will replace Chapter 6, paragraphs XII.E.2 and 3, of the OSHA Whistleblower Investigation Manual, the current version of which was published on January 28, 2016.   The new guidelines will … Continue reading this entry

SEC Blows the Whistle on Confidentiality Agreements

Employer
Thanks to a recent enforcement action brought by the U.S. Securities and Exchange Commission (SEC), it may be time to review and revise the confidentiality provisions in employment agreements, severance agreements, employee handbooks, and other similar material. What Happened? As part of its regular compliance program, an employer routinely conducted internal investigations in response to allegations … Continue reading this entry

Whistleblowers Must Have Independent Knowledge to Actually Blow the Whistle

EEOC
To bring a valid qui tam action and overcome the so-called “public disclosure bar” under the False Claims Act (“FCA”), a whistleblower must have direct knowledge of the alleged fraudulent activity, independent of already publicly disclosed information. Seems simple enough, you might say. But of course, simplicity in the application of what seem like common … Continue reading this entry