The universe of potential whistleblower claims expanded for publicly-traded companies with the advent of Sarbanes-Oxley, then grew even further for financial services companies under Dodd-Frank. However, our experience representing companies faced with administrative investigations and Administrative Review Board proceedings including claims of financial fraud, which have resulted in dismissals and no liability findings, prepared us well for such claims.
In whistleblower actions under OSHA, our attorneys defended numerous clients against whistleblower safety complaints under Section 11(c) of the Occupational Safety and Health Act. Our experience ranges from responding to OSHA investigations, to gaining dismissals after administrative hearings, and to successfully defending 11(c) actions brought in federal district court.
Another burgeoning area of related cases involves qui tam whistleblower claims, under which individuals can share in large damage awards on behalf of the government based on allegations of improper and illegal conduct. We have represented a number of health care clients against such claims, of which they were exonerated.