Member States of the European Union, over the last several years, have passed a series of so-called “Whistleblower Laws.” These laws are being implemented allegedly to bolster anti-corruption efforts throughout Europe. While corruption is no stranger to either side of the Atlantic,
On May 13, 2019, the Supreme Court of the United States, in
a unanimous decision, delivered an important victory for qui tam whistleblowers. United States ex rel. Hunt v. Cochise Consultancy,
Inc., No. 18-315 (decided May 13, 2019) (referred to as “Hunt”).
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
member.
On
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.
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.
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.
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.
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,
What Happened?
On July 14, 2016, the Ontario Securities Commission adopted OSC Policy 15-601 which is a Whistleblower Program that included financial rewards for whistleblowers for the first time in Canadian history.
The Background
Before the enactment of OSC Policy 15-601 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,
If you are aware of any person, corporation or entity that you think may be violating the Federal False Claims Act or a State False Claims Act, contact us today.