Whistleblower Rebuffs Counterclaim for Disclosing Confidential Information
Client Alert | 1 min read | 05.20.16
In U.S. ex rel. Cieszynski v. LifeWatch Servs. (N.D. Ill., May 9), the court dismissed the defendant’s counterclaim against a former employee and FCA whistleblower, ruling that the whistleblower’s disclosure of protected patient information fell within the public policy protections for whistleblowers. As described in a post on the Whistleblower Watch Blog, there has been an increase in recent years of FCA defendants raising counterclaims based on breaches of confidentiality agreements, and this will likely remain an active area of litigation until the courts clearly define what documents an FCA whistleblower can take from an employer and how the whistleblower can use those documents to support FCA allegations.
Insights
Client Alert | 3 min read | 09.13.24
SEC Disbands its Climate and ESG Enforcement Task Force
The Securities and Exchange Commission (SEC) has reportedly recently dissolved its Climate and ESG Enforcement Task Force (the Task Force). The Task Force was part of SEC Chair Gary Gensler’s broader push to increase investors’ access to environmental, social, and governance (“ESG”) information about public companies and registered investment companies. The dissolution of the Climate and ESG Enforcement Task Force comes after three years marked by industry resistance and a mixed record in the courts. Prior to the Task Force’s dissolution, the agency removed ESG from its annual Examination Priorities Report, which provides areas of particular focus during SEC examinations. While the Task Force has been dissolved, the SEC is still pursuing a number of its proposed ESG and climate-related rules.
Client Alert | 12 min read | 09.13.24
Tri-Agencies Finalize NQTL Comparative Analysis Standards in Final Rule
Client Alert | 5 min read | 09.11.24
Client Alert | 3 min read | 09.11.24
