Whistleblower Investigations

While virtually any business is at risk of whistleblower complaints, companies in the health care, biotech, and pharmaceutical industries, as well as institutions of higher education, have become particular targets for whistleblower suits. As a further challenge to employers, penalties for retaliation and discrimination against whistleblowers can result in thousands of dollars per allegation.  Employers also face unique management challenges when it comes to current employees who have raised False Claims Act allegations or alleged other violations of law.

Crowell & Moring has a long history of success defending employers against claims asserted under Section 3730(h) of the False Claims Act, the Foreign Corrupt Practices Act, Sarbanes-Oxley (SOX), the U.K. Bribery Act, New Jersey's Conscientious Employee Protection Act (CEPA), and other state, federal, and international whistleblower laws. Our Labor and Employment Group lawyers team with lawyers from our White Collar and Government Contracts practices to conduct investigations of potential wrongdoing and retaliation, including reviews of activities that may have driven the whistleblower's report, as well as management responses to these activities and the information they receive. We also provide advice on how to cope with suspected whistleblowers who encounter performance problems or in some other manner threaten the stability or security of the business.