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Author Archives: Andrea Gold

SEC Warns Companies Not To Try To Silence Potential Whistleblowers

The Securities and Exchange Commission (“SEC”) brought a ground-breaking enforcement action against one of the country’s largest government contractors, Kellogg Brown & Root (KBR), stemming from KBR’s use of a confidentiality agreement arguably aimed at intimidating employees and former employees from blowing the whistle on fraud.  KBR recently settled the case, agreeing to pay a […]

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SEC Publishes Its 2014 Dodd-Frank Whistleblower Program Annual Report

The U.S. Securities and Exchange Commission published its annual report on the Dodd-Frank Whistleblower Program yesterday.  The Dodd-Frank Whistleblower Program was created with the passage of the Dodd-Frank Act in 2010 and aims to incentivize whistleblowers to report violations of the securities laws to the SEC. In 2014, the program was its most active since […]

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Defense Bar Overstates Impact of the Fifth Circuit’s Decision in Shupe

On July 7, 2014, the Fifth Circuit decided an interlocutory appeal in United States ex rel. Shupe v. Cisco Systems, Inc., No. 13-40807, 2014 WL 3057093 (5th Cir. July 7, 2014), reversing the trial court’s decision that the False Claims Act (FCA) applied to E-Rate funds administered by the Universal Service Administrative Company (USAC), a […]

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Massachusetts Attorney General Goes After Drywall Company In False Claims Act Case Arising Out of Worker Misclassification

Massachusetts Attorney General Martha Coakley announced that her office has sued Universal Drywall LLC and its owner for violations of that state’s False Claims Act and consumer protection statute.  According to the lawsuit, the company repeatedly, and unlawfully, classified its workers as independent contractors rather than employees.  The Attorney General alleges that, by misclassifying its […]

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Senate Investigation Exposes Widespread Labor Law Violations By Federal Contractors And Could Lead To False Claims Act Lawsuits

Not long before the close of 2013, the Senate Health, Education, Labor, and Pensions (HELP) Committee released an alarming report detailing widespread labor law violations by major government contractors.  A copy of the full report (the “Report”) may be found here.  Each year, the federal government contracts with private companies to the tune of over […]

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New York Attorney General Seeks to Codify Gross Trebling of Damages Under The State’s False Claims Act

New York’s False Claims Act, originally passed in 2007, is one of the strongest state civil false claims statutes. While the original version of the statute largely followed the language of the pre-2009 federal False Claims Act, subsequent amendments to the New York law have made it even tougher on fraud than its federal counterpart […]

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The False Claims Act During Times of War: Is There Any Time Limit For Bringing Suit?

A federal appellate court recently ruled that, at least for the moment, claims under the False Claims Act (“FCA”) are not subject to any statute of limitations. The United States Circuit Court for the Fourth Circuit, in U.S. ex rel. Carter v. Halliburton Co., 710 F.3d 171 (4th Cir. 2013), relied on an obscure federal […]

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