Kang Haggerty is proud to honor all whistleblowers—past, present, and future—on National Whistleblower Appreciation Day, recognized each year on July 30th to commemorate the passage of the very first U.S. whistleblower law on July 30, 1778. This annual recognition of whistleblowers, whose actions have protected the American people from fraud…
Law360’s Rachel Rippetoe reported on Kang Haggerty’s formation of The Whistleblower Advocates. The article highlights the firm’s whistleblower practice, led by Edward T. Kang, Kandis L. Kovalsky, and Ross M. Wolfe. Kovalsky told Law360 that she, Wolfe and Kang had worked recently on a large opioid case where the government…
Practitioners should anticipate when a witness will invoke the privilege and how to deal with or use such invocation applying the principles of fairness and reliability. In the June 30, 2022 edition of The Legal Intelligencer, Edward T. Kang wrote “Nonparty Witness Invoking the Fifth Amendment Privilege in a Civil…
This article will discuss briefly the history of qui tam litigation, its interplay with piercing theories and the particular utility of these types of suits in the health care context. In the November 4, 2021 edition of of The Legal Intelligencer, Edward T. Kang of Kang Haggerty co-authored “Qui Tam Suits…
In Kellogg Brown & Root Services, Inc., et al. v. United States ex rel., __, 575 U.S. __ (2015), two questions were presented before the U.S. Supreme Court: first, whether the Wartime Suspension of Limitations Act (WSLA) suspends the already generous statute of limitation under the False Claims Act (FCA);…
1. What is a Whistleblower? A whistleblower is a person who, on behalf of the federal government, state government or governmental authority, reports illegal, fraudulent or dishonest conduct by a person or an organization. 2. Importance of Internal Whistleblowers: Encouraging “watchdog” type behavior from your employees allows your management team…
A federal court in Pennsylvania recently ruled that counterclaims against the whistleblower filed by the target of a whistleblower action can survive. The United States District Court for the Eastern District of Pennsylvania, in United States of America ex rel. Lorraine Notorfransesco v. Surgical Monitoring Association, Inc., et al. (Tucker,…
The SEC has flexed its (new…ish) muscles for the first time, penalizing Paradigm Capital Management Inc. in an enforcement action for retaliation against a whistleblower. The Dodd-Frank Act prohibits retaliation against whistleblowers, specifically providing that “No employer may discharge, demote, suspend, threaten, harass, directly or indirectly, or in any other…
Whistleblower protections continue to expand with the recent U.S. Supreme Court decision in Lawson v. FMR LLC, which ruled that the anti-retaliation protection provided to whistleblowers by the Sarbanes-Oxley Act of 2002 (“SOX”) applies to employees of private companies that contract with public companies. Enactment of SOX was prompted by…
The United States continues to make great strides in whistleblower protection as the world super power recently made demands regarding protection on the world stage. The United States was prompted into action as a result of United Nations officials taking retaliatory measures against a former United Nations employee who blew the…