Category: Federal False Claims Act

European Union-Wide Whistleblower Protection: A Growing Trend?

What Happened

On April 16, 2019, the European
Parliament made history with the approval of the European Union (EU) Whistleblower
Directive (“Directive”) that provides universal whistleblower protections for
all potential “reporting persons” located within member states of the EU. These
protections apply whether or not the reporting person is a citizen of an EU

Eastern District of Pennsylvania Court Joins the Ninth and Tenth Circuits in Applying the Rational Basis Test to Governmental Dismissals of Qui Tam Cases

April 3, 2019, in U.S. v. EMD Serono, Inc., CV 16-5594, 2019 WL 1468934 (E.D. Pa. Apr. 3,
2019), District Judge Timothy J. Savage of the
Eastern District of Pennsylvania addressed a matter of first impression within
the Third Circuit: what standard (if any) governs the government’s ability to
dismiss a qui tam case over the objection of relators. 

Ontario’s First Whistleblower Award of $7.5 Million

As discussed in a previous posting, the Ontario Securities Commission (OSC) implemented its whistleblowing program in July 2016 and became the first Canadian Province to include a controversial monetary award for whistleblowers. On February 27, 2019, the OSC made history yet again when it announced its first whistleblower award of $7.5 million.

The Irish Paradox: A Tale of Two Whistleblower Laws

What Happened in Ireland

On July 15, 2014, Ireland’s Protected Disclosures Act (PDA) came into effect. The PDA established whistleblower protections for both the public and private sectors for the first time in modern Irish legislative history.

The Background

The Republic of Ireland has less than 5 million people.

Fourth Circuit Adopts the “Objective Reasonableness” Standard for Protected Activity for Retaliation Claims

The Fourth Circuit Court of Appeals recently ruled on a Relator’s appeal in United States ex rel. Grant v. United Airlines, Inc. and adopted the objective reasonableness standard for retaliation claims brought under 31 U.S.C. §3730(h). The Fourth Circuit joins the Seventh, Eighth, and Ninth Circuits in applying this standard to 3730(h) retaliation claims.

Germany Whistleblowing Reform Law

What Happened?

In July 2016, Germany amended the German Act on Financial Services Supervision (Finanzdienstleistungsaufsichtsgesetz – “FinDAG”) and created whistleblower protections for employees of all companies subject to the supervision of the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht – “BaFin”). BaFin, when formed in 2002,

Alberta, Canada Passes Its Version Of A Whistleblower Program

What Happened?

On November 19, 2018, the Alberta Securities Commission, the regulatory agency responsible for administering Alberta’s securities laws, implemented its first whistleblower program through the enactment of ASC Policy 15-602 Whistleblower Program and corresponding amendments to the Alberta Securities Act.

The Background

Before the enactment of ASC Policy 15-602 Whistleblower Program,

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