Amicus Curiae Briefs

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Universal Health Services v. U.S. ex rel. Escobar (Supreme Court) (Victory for Whistleblowers)

Washington, D.C. June 16, 2016. In a unanimous ruling issued today, the United States Supreme Court upheld a whistleblower’s claim in Universal Health Services v. U.S. ex rel. Escobar. The Court, in an opinion by Justice Thomas, affirmed the “implied certification theory” of liability under the False Claims Act (FCA). This theory permits contractors to be liable for fraud when they fail to disclose material non-compliance with regulatory requirements.

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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. Consequently, the standard for reasonable belief has wide-reaching consequences for whistleblowers reporting on corporate fraud and misconduct. The principal author of the brief, Stephen M. Kohn, writes about the case below:

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In the matter of Darin Jones (FBI)

On December 6th, the National Whistleblower Center filed an amicus brief in support of FBI whistleblower Darin Jones. Jones alleged he made whistleblower disclosures about an improper award of a million contract and other improper procurement spending at the FBI. The FBI fired him from his position as a Supervisory Contract Specialist, which Jones alleges was done as an act of retaliation for his whistleblowing.

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State Farm Fire and Casualty Company v. U.S. ex rel. Rigsby (Supreme Court) (Victory for Whistleblowers)

State Farm Fire and Casualty Company v. U.S. ex rel. Rigsby (Supreme Court) (Victory for Whistleblowers)

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Day v. Dept. of Homeland Security (Victory for Whistleblowers)

The Day v. Department of Homeland Security case considered whether or not the Whistleblower Protection Enhancement Act applied retroactively to whistleblower cases filed before it was passed.

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Wiest v. Lynch (Victory for Whistleblowers)

Appellant Jeffrey Wiest brought an action under the whistleblower protection provisions set forth in Section 806 of the Sarbanes-Oxley Act (“SOX”), 18 U.S.C. § 1514A, and under Pennsylvania law against Appellees Tyco Electronics Corporation and several officers and directors of Tyco Electronics (collectively, “Tyco”).

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Lawson v. FMR LLC (Victory for Whistleblowers)

The National Whistleblower Center has filed 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 contractors of publicly traded companies.

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English v. General Electric Company (Supreme Court) (Victory for Whistleblowers)

In English v. General Electric Company, the Supreme Court considered whether federal law preempts a state law cause of action for intentional infliction of emotional distress in the area of nuclear safety.

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Sylvester v. Parexel International (Victory for Whistleblowers)

On May 25, 2011, the Department of Labor’s Administrative Review Board (ARB) issued a major decision in favor of whistleblowers. In Sylvester v. Parexel International, ARB Case No. 07-123 (ARB May 25, 2011), the ARB held that a whistleblower only needs a “reasonable belief” of a violation to engage in protected activity under the 2002 Sarbanes-Oxley Act (SOX).

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Haddle v. Garrison (Victory for Whistleblowers)

Petitioner, an at-will employee, filed this action for damages against respondents alleging, inter alia, that they conspired to have him fired in retaliation for obeying a federal grand jury subpoena and to deter him from testifying at their upcoming criminal trial for Medicare fraud

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EEOC v. Waffle House (Victory for Whistleblowers)

The National Whistleblower Center (“Center”l is a nonprofit, tax-exempt, non-partisan, charitable, and educational organization dedicated to the protection of employees who report misconduct in the workplace or testify in proceedings to enforce federal law.

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Vermont Agency of Natural Resources V. United States (Victory for Whistleblowers)

The National Whistleblowcr Center (“Centcr”)! is a nonprofit, tax-excmpt, non-parisan, charitable and educational organization dedicated to thc protection of citizens and employees who “blow the whistle” and report misconduct.

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Beck v. Belezza et al.

The National Whistieblower Center (Center)! is a nonprofit, tax-exempt, non-partisan, charitable, and educational organization dedicated to the protection of employees who “blow the whistle” and report misconduct in the workplace.

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Mann v. Heckler & Koch Defense

Before TRAXLER, Chief Judge, WILKINSON, Circuit Judge, and BOBBY R. BALDOCK, Senior Circuit Judge of the United States Court of Appeals for the Tenth Circuit, sitting by designation.ARGUED:Jason Mark Zuckerman, The Employment Law Group, PC, Washington, D.C., for Appellant. C. Allen Foster, Greenberg Traurig, LLP, Washington, D.C., for Appellee.

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Stone v. Instrumentation Laboratory Company

In this appeal, we address the interpretation of a provision of the Sarbanes-Oxley Act of 2002, 18 U.S.C. § 1514A, governing the filing of whistleblower lawsuits in federal district court.

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