The National Highway Traffic Safety Administration has yet to publish the proposed rules for the NHTSA whistleblower program. This whistleblower program was authorized by the Fixing America's Surface Transportation (FAST) Act in December 2015. The terms of the Motor Vehicle Safety Whistleblower Act required the Department of Transportation to publish regulations for the program within 18 months of the date...
We are pleased to announce that James J. McEldrew, III, has been named to the 2017 Pennsylvania Super Lawyers list. Brandon Lauria and Daniel Purtell were named to the 2017 Pennsylvania Rising Stars list published by the same organization. The Super Lawyers list is an exclusive list, recognizing no more than five percent of attorneys in the state. Jim McEldrew...
A report earlier this month by the Financial Conduct Authority detailed the declining number of whistleblower tips reported to the British authorities. From 2014-15 to 2016-17, the number of reports has declined each year, resulting in just 900 cases in the last year. In 2014-15, the FCA had 1,340 whistleblower reports. A spokesman for the FCA indicated that they believe...
A media outlet, Financial Planning, is predicting that a pair of SEC whistleblowers will share an award of approximately $70.6 million out of the $307 million in regulatory fines against JPMorgan in 2015. Another outlet, Advisor Hub, put the number at $61 million instead. Either award amount would be the largest in the history of the SEC whistleblower program...
The Chief of the SEC's Office of the Whistleblower, Jane Norberg, and the Director of the CFTC Whistleblower Office, Christopher Ehrman, spoke recently at the Practicing Law Institute's program on June 28, 2017, titled Corporate Whistleblowing in 2017. Their comments covered a wide range of hot topics in the field of whistleblower law and were relayed in a recent...
The Tax Court has reminded IRS whistleblowers in a recent decision that the ability to proceed anonymously is not absolute. On June 28, 2017, the U.S. Tax Court denied an anonymous proceeding to Whistleblower 14377-16W after weighing the public interest in knowing who is using the Tax Court to bring serial whistleblower claims against an insufficient fact-specific justification for...
The Supreme Court will next term review a whistleblower retaliation lawsuit, Somers v. Digital Realty Trust, Inc., to determine whether the anti-retaliation protections of the Dodd-Frank Act protects employees who report misconduct internally. The Ninth Circuit, in a split decision, determined that the Dodd-Frank Act protected the employee from retaliation as a whistleblower in spite of the fact that...
The U.S. House of Representatives on Thursday approved banking reforms in the Financial CHOICE Act of 2017 that would, if adopted, "gut many of the key banking reforms implemented after the financial crisis" according to a CNBC article. Apart from the overall impact on the Dodd-Frank Act, the law makes an important change to the SEC whistleblower program which...
The Trump Administration's budget proposal for 2018 includes another attempt to pass tort reform for medical malpractice lawsuits. We strongly oppose this effort to weaken compensation for injury victims and urge you to inform your elected representatives that you do not support it. The proposal includes a $250,000 cap on noneconomic damages. This means that if are injured as a...
The CFTC has issued final rules based on its previously proposed changes to the CFTC whistleblower program. The changes have left the core of the program intact while strengthening the whistleblower retaliation protections, harmonizing the rules with the SEC program and adding transparency to the process for reward claims. McEldrew Young was one of two law firms to comment on...
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