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2nd Circuit Sends N.J. Whistle-Blower Claims Back For Reconsideration

NEW YORK - A Second Circuit U.S. Court of Appeals panel on Nov. 17 affirmed summary judgment on federal False Claims Act (FCA) termination claims by former Pfizer executive Peter Rost but reversed judgment as to his claims under New Jersey's whistle-blower protection laws ( Peter Rost v. Pfizer...

Client Alert: Employer Compliance Guidance for Whistleblower Provisions Under New Food Safety Modernization Act

As previously reported by Keller and Heckman LLP, President Obama signed the Food Safety Modernization Act (FSMA) into law on January 4, 2011. While most of the provisions regarding stricter food safety standards will not be effective until 2012, FSMA Section 402, which provides sweeping protections...

Public Policy is in the Eye of the Beholder

Consider the following two wrongful discharge cases, both recently decided by different Ohio appellate courts, and think about which you believe presents a bigger risk for the employer: 1. In Morris v. Dobbins Nursing Home (6/20/11) , a nursing home aide claimed that she was illegally terminated because...

Dodd-Frank Wall Street Reform and Consumer Protection Act: Impact on Employers

Fulbright's Financial Reform Task Force Cynthia M. Benedict and Blake W. Stribling Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act authorized the SEC to reward whistleblowers for reporting violations of federal securities laws to the government and created a...

OSHA Encourages Nationwide Adoption of “Early Resolution” ADR in Whistleblower Cases

On August 18, 2015, the Occupational Safety and Health Administration released a directive to its regional offices to adopt “early resolution” alternative dispute resolution in whistleblower cases. The directive follows a successful pilot program by OSHA in its Chicago and San Francisco regions...