On November 18, 2014, the U.S. Court of Appeals for the Sixth Circuit issued a decision dismissing an employment applicant’s claims that he had been retaliated against under the False Claims Act (FCA), Environmental Reorganization Act (ERA) and four other
Corporate Governance & Internal Investigations Advisor
The Corporate Governance & Internal Investigations Advisor, published by Jackson Lewis P.C., focuses on issues related to corporate governance, internal investigations, and compliance within organizations. The blog covers topics such as whistleblower protection laws, best practices for conducting workplace investigations, Department of Justice enforcement trends, and strategies for managing misconduct and ethical risks. It also addresses the role of whistleblowers in promoting transparency and accountability, legal updates on employment and labor law, and guidance on maintaining effective internal controls and corporate policies. The content is aimed at attorneys, HR professionals, and corporate boards seeking to navigate regulatory requirements and mitigate legal risks associated with governance and investigations.
Latest from Corporate Governance & Internal Investigations Advisor - Page 13
Justice Department Announces Recovery of Nearly $6 Billion From False Claims Act Cases in Fiscal Year 2014
The Justice Department announced that it secured a record $5.69 billion in settlements and judgments from civil cases involving fraud against the government in the fiscal year ending September 30, 2014 (“FY2014”). This marks the first time the Justice Department…
Supreme Court Finds Something Fishy in Prosecution of Ship Captain Under Sarbanes-Oxley
On November 5, 2014, the United States Supreme Court heard arguments involving a unique application of the criminal penalties for evidence destruction under the Sarbanes-Oxley Act. The evidence at issue: fish. Specifically, three red grouper less than 20 inches long. …
SEC Announces Record Whistleblower Award Of Over $30 Million
On September 22, 2014 the Securities & Exchange Commission (SEC) announced that it would pay a Dodd-Frank Act (DFA) whistleblower award of $30 to $35 million to an anonymous foreign tipster. DFA authorizes awards of 10% to 30% of the…
DHS Investigation leads to largest worksite enforcement forfeiture in ICE history.
Five franchisees and operators of 7-Eleven, Inc. stores located throughout Long Island, New York and Virginia plead guilty to committing wire fraud and concealing and harboring unauthorized foreign national employees, the DHS has announced. The September 22nd pleas were the…
Former Virginia Governor Guilty of Corruption
Former Virginia governor, Robert F. McDonnell, and his wife, Maureen McDonnell, were convicted last week of trading their political influence for loans and gifts. Mr. McDonnell was pronounced guilty on 11 counts of conspiracy, bribery and extortion, while his wife…
Kentucky High Court Upholds Attorney Ethics Rule Prohibiting Plea Agreements with ‘Ineffective Assistance’ Waivers
The Supreme Court of Kentucky has unanimously rejected a challenge by the local U.S. Attorney’s Office to Kentucky Bar Association Ethics Opinion E-435, which states that the use of ineffective assistance of counsel (IAC) waivers in plea agreements violated Kentucky’s Rules of Professional
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Sentencing Commission Considering Changes to Penalties for White Collar Crime
After a long period of steadily increasing federal prison terms for economic crimes, the U.S. Sentencing Commission has announced that it is considering changes to the guidelines for calculating punishments for many white collar crimes. On August 14, 2014, the…
ALERT! CMS Finalizes Program Changes for Medicare Advantage and Prescription Drug Benefit Programs
Not only are pharmacies and those who prescribe Part D drugs increasingly becoming targets for whistleblowers with False Claims Act suits for kickbacks and other fraud-based conduct, they also need to be concerned…
Fifth Circuit Upholds Original Source Requirements under False Claims Act
The Fifth Circuit recently affirmed the dismissal of two Relators’ claims brought under the Federal False Claims Act (“FCA”), 31 U.S.C. §§ 3729-3733 based on the Relators’ lack of personal knowledge of the information in their Complaint. In requiring a…