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Category Archives: Whistleblowing & Compliance

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New Jersey Finds Jury Waiver Too Ambiguous To Encompass Whistleblower Claims

Denise DadikaNew Jersey’s Appellate Division recently held that a jury waiver provision was unenforceable as to a former employee’s statutory employment claims. In Noren v. Heartland Payment Systems, Inc., Docket No. A-2651-13T3, __ N.J. Super. __ (Feb. 6, 2017), plaintiff signed an employment agreement with his then-employer that provided:

HPS and RM [employee] irrevocably waive any right to trial by jury in any suit, action or proceeding under, in connection with or to enforce this Agreement.

Following his termination of employment, Noren sued Heartland alleging, inter alia, violation of the Conscientious Employee Protection Act (“CEPA”), New Jersey’s employment whistleblower … Continue Reading

U.S. District Court Holds that FCA’s Retaliation Provision Requires “But-for” Causation

Daniel and Nathaniel

Nathaniel M. Glasser and Daniel C. Fundakowski

Last month, in United States ex rel. Helfer v. Associated Anesthesiologists of Springfield, Ltd., No. 3:10-cv-03076 (N.D. Ill. Jan. 14, 2016), the U.S. District Court for the Central District of Illinois held that the retaliation provision of the False Claims Act (“FCA”) requires a whistleblower to show that protected activity was the “but-for” cause of the alleged adverse action.

The FCA’s retaliation provision entitles an employee to relief if he is “discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against . . . because of lawful acts done … Continue Reading

New Jersey Whistleblowers Must Identify A Specific Law Or Public Policy Before CEPA Claims Can Be Submitted To A Jury

By: Mollie O’Brien, James Flynn and Jiri Janko

The Supreme Court of New Jersey held on June 16th that a former registered nurse could not get his whistleblower claim to the jury because he failed to prove at trial that he held a reasonable belief that the conduct to which he objected violated a standard of patient care or a clear mandate of public policy.  James Hitesman v. Bridgeway, Inc., A-73-12,  involved allegations of improper quality of patient care at a long-term care nursing home facility, allegations that the plaintiff attempted to support with references to the … Continue Reading

OIG Pharmaceutical Compliance Roundtable Offers Insights into Effective Compliance Practices

On March 26, 2012, the U.S. Department of Health & Human Services Office of Inspector General (the “OIG”) published a report summarizing a February 23, 2012roundtable meeting between the OIG and compliance professionals from twenty-three pharmaceutical manufacturers.  The compliance officers and other professionals attending the meeting all represented companies currently operating under Corporate Integrity Agreements (or “CIAs”).  CIAs are generally negotiated between a company and the government in connection with settling various types of federal healthcare program fraud allegations.   Although the roundtable meeting was focused on pharmaceutical manufacturers’ experiences, many of the lessons learned from operating under CIAs are not … Continue Reading