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

Client Alert | 2 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.

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Client Alert | 5 min read | 09.03.25

If You’re Not First, You’re Last: Federal Circuit’s First Review of an AIA Derivation Proceeding

Nearly a decade and a half after the passage of the Leahy-Smith America Invents Act (“AIA”), the Federal Circuit finally had its first occasion to review an appeal of a derivation proceeding that was litigated before the Patent Trial and Appeal Board (“Board”) in Global Health Solutions LLC v. Selner. This case provides helpful guidance for patent litigators regarding the proper legal framework in a derivation proceeding and serves as a reminder that patent applications should be filed as soon as possible. As the facts of this case show, it is important that inventors retain documents and other evidence of the conception of their invention, as well as its communication to others, should there be any challenge to their invention....