Canada: Duty To Accommodate: If Only We Knew Back Then What We know Now. Actually, We Did And The Complaint Should Have Been Dismissed A Long Time Ago

IBM moved to have this complaint dismissed at a preliminary stage because of the Commission’s delay in bringing the complaint forward for many years after it was first brought to IBM’s attention.  I had reason in dealing with that motion to review the correspondence at the early stages of the complaint, and in particular the responses to the complaint provided by IBM’s corporate counsel.  I was impressed then by these responses … I can […]

By | March 13th, 2015 ||

United States: New York Attorney General’s Proposal Furthers A Trend Toward Greater Incentives For Whistleblowing And Greater Risks For Corporations

Last week, New York Attorney General Eric Schneiderman announced his proposed “Financial Frauds Whistleblower Act,” which would provide compensation to whistleblowers who report fraud in the banking, securities, insurance, and financial services industries. Modeled after the federal Dodd-Frank whistleblower provisions, Attorney General Schneiderman’s proposal would give whistleblowers 10 to 30 percent of certain state fines that exceed $1 million. Because New York regulatory and enforcement agencies have brought enormous and far-reaching enforcement actions in […]

By | March 13th, 2015 ||

United States: Reported Compliance Problems: The Six Stages Of Corporate Grief

Last week, I had the honor of participating in a panel discussion about how health care entities deal with reported compliance concerns at the ABA’s 16th Annual Conference on Emerging Issues in Healthcare Law. The panel was made up of experienced health care attorneys with broad and long-standing health care experience: Richard Westling, current First Assistant U.S. Attorney in the Eastern District of Louisiana; Lesley Ann Skillen, an experienced relator/whistleblower attorney with Getnick & […]

By | March 13th, 2015 ||