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French Corporate Environment Not So Whistleblower-Friendly

Client Alert | 1 min read | 01.09.06

It appears that the French government has a very different philosophy from that of the U.S. government when it comes to employee whistleblowers. As the attached article (http://www.crowell.com/pdf/Newsroom/ DataProtection_Dhont.pdf) discusses in depth, far from seeking to encourage and reward whistleblowing, French law is affirmatively concerned that the practice may abuse individuals' privacy and data-protection rights, with the result that in the past year, French regulators and courts have struck down Sarbanes-Oxley-inspired efforts by several American companies to implement ethics hotlines for their French employees, and the most recent French regulatory guidance permits such hotlines only under limited circumstances, and with appropriate safeguards to prevent defamation and protect privacy.

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Client Alert | 6 min read | 11.19.25

Buying Peace: The Importance of Releasing FCA Liability When Resolving Criminal Allegations of Fraud Against the Government

The facts before the Third Circuit in the recently decided case of Patel v. United States illustrate how parties can put themselves in a bind if they make factual admissions when resolving a criminal case involving fraud on the government while not simultaneously resolving the government’s civil claims under the False Claims Act (FCA) for the same underlying conduct....