Biggest Whistleblower Developments of 2022

2022 saw the government focus on whistleblower actions. From major settlements to expansions of whistleblower law, here are some of the major developments we saw in the previous year:

• • Uber whistleblower: A former Uber executive gave the media over 124,000 sensitive documents, which he believed would reveal Uber’s wrongdoing in “dozens of countries,” including violations of the law, misleading foreign governments and stifling legislation aimed to protect drivers. This is particularly noteworthy since the whistleblower went straight to the media instead of a government agency.

• • False Claims Act specificity: In the Southern District of Florida, the U.S. District Court held that to be protected under the False Claims Act, a plaintiff has to specifically suspect their employer has made false claims for payment from the government. A vague suspicion is not enough.

• • California Whistleblower Protection Act broadly interpreted: In a case before the U.S. Court of Appeals for the Ninth Circuit, the court found that the District Court misapplied California law in holding that a plaintiff’s disclosures to a supervisor and third-party contractor were not protected under the Act. The Court predicted that the California Supreme Court would also interpret the law to prohibit employers from retaliating against employees who disclose wrongdoing to enumerated persons or agencies.

• • SEC do-not-impede rule: The SEC focused on enforcing their do-not-impede rule, which prohibits any action taken to impede people from communication with the SEC about possible legal violations, including threatening to enforce confidentiality agreements.

These new developments show the government’s renewed focused on whistleblower actions and holding employers responsible for wrongdoing. If you believe you have a whistleblower claim, an trusted whistleblower attorney at Kardell Law Group can help. Reach out today to get started.