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Announcing "Whistleblower Watch," Crowell & Moring's New Blog Covering Whistleblower Issues

Client Alert | 1 min read | 03.13.15

www.whistleblowerwatch.com

There has recently been an exponential increase in whistleblower complaints and enhanced scrutiny of corporate practices by the public, as well as by federal and state government agencies.  Recognizing this trend, Whistleblower Watch will discuss important developments in whistleblower law at the federal and state levels. 

The authors of this blog are members of Crowell & Moring’s interdisciplinary “SWAT Team” of experienced lawyers from our Labor & Employment, Government Contracts, White Collar, Health Care, and Environment and Natural Resources groups.  Because whistleblower complaints rarely implicate only one area of substantive law, our SWAT Team collaborates to investigate activities that may have driven the whistleblower’s report, the substance of the underlying claim, the information available to and known by management at the time of the initial report of misconduct, and management’s responses to the original report. We provide advice on how to manage suspected whistleblowers who remain in the workplace or in some other manner threaten the stability or security of the business. We also identify solutions for the company to address any underlying non-compliance and to ensure that the whistleblower does not compromise the employer’s business during the pendency of the investigation. Finally, we work with our clients to develop proactive approaches to compliance, internal complaint reporting, and internal investigations to enhance a culture of compliance and to minimize complaints of wrongdoing or retaliation.

Crowell & Moring has a rich history of successfully defending companies against claims of wrongdoing asserted under the False Claims Act, the Foreign Corrupt Practices Act, the Sarbanes-Oxley Act, the Dodd-Frank Act, the U.K. Bribery Act, New Jersey’s Conscientious Employee Protection Act, and other state, federal, and international whistleblower laws. Our successes extend both to our defense of retaliation claims and to our defense of the underlying claim of wrongdoing.

We invite you to follow and comment on the blog at www.whistleblowerwatch.com.  You can also get updates via RSS feed or via email subscription by entering your email address in the field above “Topics” on the left-hand side of the blog.

You can also follow our Whistleblower Watch team on Twitter at @CMwhistleblower.

Insights

Client Alert | 2 min read | 05.14.26

Proposed DFARS Rule Could Require Disclosures and Mitigation Related to Foreign Ownership, Control, and Influence (FOCI) on Certain Unclassified Contracts

On May 7, 2026, the Department of War issued the long-awaited Proposed Rule to implement Section 847 of the FY 2020 National Defense Authorization Act (NDAA) regarding Foreign Ownership, Control or Influence (FOCI) requirements for contractors. The proposed rule would expand the applicability of FOCI reviews, requiring contractors and subcontractors on unclassified “covered contracts” — defense contracts and subcontracts valued in excess of $5 million that are not for commercial products and services — to submit FOCI disclosures to the Defense Counterintelligence and Security Agency (DCSA) for FOCI risk assessment (and as applicable, mitigation) as part of contract award. This would effectively require DCSA assessment and adjudication of FOCI considerations prior to contract award. Thus, both cleared and uncleared defense contractors would be subject to the rigorous DCSA disclosure requirements, scrutiny, and FOCI mitigation. Crowell discussed the Section 847 requirements in a prior alert....