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Taking a stand against improper business practices is tough enough, but some whistleblowers face the added challenge of speaking out against businesses that involve both business and family relationships. One whistleblower was brave enough to speak out against a company whose wrongdoing could place patients’ health at risk because its work involves blood testing. He reported what he had seen while working for the enterprise despite the fact that his grandfather, with whom he had always had a close relationship, holds an important position within the firm.

Tyler Schultz did not have to work at Theranos for very long before he noticed workplace practices that raised serious concerns about the accuracy of blood test results that were being produced by the company’s testing devices. Schultz had only been working at the firm for eight months when he felt that his concerns were grave enough to speak to the company’s founder about what he had seen. Not only were his concerns dismissed, but the response that he received was insulting, belittling, and threatening.

Schultz did not let that response or his connection to his grandfather prevent him in pressing forward to continue exposing his concerns about the accuracy of the company’s blood testing equipment. After all, he was one of several employees who shared those concerns and who had tried to address the issues within the enterprise, only to have their efforts dismissed and rebuffed by company leaders. Tyler Schultz wanted to protect patient health by contacting New York State’s public health lab to tell them about his concerns, and he also wanted to protect his grandfather’s reputation.

In addition to making the regulatory complaint, Schultz began speaking to a Journal reporter as a confidential source. Attorneys from the company have accused him of leaking trade secrets and have threatened to take legal action against him. Schultz maintains his stance against the company’s business practices, and he is cooperating with a federal investigation of Theranos. The company is being investigated both civilly and criminally by the Securities and Exchange Commission and the U.S. attorney’s office in San Francisco.

Tyler Schultz and his parents have had to invest a considerable amount of time, energy, and money to ensure that the inaccuracy of the blood testing equipment manufactured by Theranos was noted and investigated by authorities. Whistleblowers often face an uphill battle as they fight to do the right thing. Fortunately, they do not have to fight alone. Whistleblower attorneys understand the difficulties that are inherent in the process of exposing corporate wrongdoing. The Mississippi Whistleblower Attorneys at Barrett Law PLLC are here to help you navigate the whistleblower claims process. We can help you pursue recovery from the various types of damages that you have experienced throughout your journey as a whistleblower.  If you have questions or concerns regarding your experience as a whistleblower, please call the Mississippi Whistleblower Attorneys at Barrett Law PLLC today at 1 (800) 707-9577 to arrange a free, initial consultation.

Sometimes, whistleblower cases provide an interesting peek inside of the goings on inside of a company or an organization. In the case of a Virginia police detective who reported to his superiors that he was concerned that a fellow detective had stolen money from a drug bust, the department’s response to his report makes for an interesting whistleblower case. The detective who voiced his concern about the handling of the money got fired for eating candy off of the floor of a crime scene.

The detective documented evidence while he was at the crime scene by taking pictures of the residence and placing several thousand dollars that were inside the home into an evidence bag. As he went about his work, he noticed that there were a few pieces of candy on the floor. He asked another detective who was working with him whether the other detective thought that he would get into trouble if he ate the candy, and the other detective replied that he did not believe so. The hungry detective ate the candy and went along his way, thinking that nothing more would come of it.

Unfortunately, the money that the detective had collected at the crime scene went missing. The detective who had collected the money expressed concern that his supervisor might have taken the money. What happened next was not the appropriate departmental response that the detective was hoping for. The police department claimed that an internal audit had revealed the “missing money” to be nothing more than a clerical error. The department later blamed the theft on the detective who had expressed concern about the missing money, citing the detective’s confession that he had eaten a piece of candy from off of the floor of the crime scene as evidence of theft on the part of the detective, and they fired him. The detective believes that the “theft” charge is not only outrageous but is retaliatory in nature. In his whistleblower lawsuit, he seeks lost wages as well as compensation for damage to his reputation, embarrassment, humiliation, and general emotional distress.

Barrett Law PLLC:  A Trusted Ally of Whistleblowers in Mississippi

If you have discussed concerns about potential violations of the law with senior management in your company and you were met with no response or an inadequate response, you may have escalated those concerns to the authorities in the interest of exposing your employer’s wrongdoing. If your employer then retaliated against you in any way after you did that, you could qualify for protection as a whistleblower. Retaliation can take many forms, from termination from your position to being stripped of many of your duties, to harassment, threats, defamation, and other types of economic and emotional harm. The Mississippi Whistleblower Attorneys at Barrett Law PLLC are here to help you.  To learn more, please call the seasoned Mississippi Whistleblower Attorneys at Barrett Law PLLC today at 1 (800) 707-9577 to schedule an initial consultation with us.

Defamation is one way that companies and institutions retaliate against whistleblowers. When a corporation or an organization issues statements that could damage a person’s good reputation, that is defamation. The harm that can befall someone who has been defamed can range from moderate to severe and debilitating embarrassment and anxiety to economic damage, such as being unable to find work because their character has been so hurt that employers fail to see the truth of who they are and accurately assess their fitness for a particular position. Recently, a jury awarded over seven million dollars to a former Penn State assistant football coach after they found that the university had defamed him. The man had given testimony which helped prosecutors charge Jerry Sandusky with child molestation.

The former assistant coach claimed that the president of the university released a defamatory statement against him on the day that Sandusky was charged with child molestation. The harm continued as he incurred economic damages in connection with being removed from his job and other damages as the retaliation continued and as school administrators misled him by promising him that they would take appropriate action against Sandusky after he voiced his concerns to them.

In response to the allegations of harm, counsel for the university claimed that it was public opinion and national media coverage that damaged the former assistant coach’s reputation and not any action by the university. Counsel for the university also claimed that it was the former assistant coach’s lack of contacts within the coaching profession and lack of a national reputation that stood in the way of him finding alternate employment. It is not difficult to see that regardless of whether the former assistant coach had contacts within the profession and a national reputation that those resources might not have helped him much in finding a new job after the defamatory statement against him by the university was published all over the place by the national news media.

Barrett Law PLLC:  Protecting the Rights of Mississippi Whistleblowers 

Whistleblowers are essential to keeping companies and institutions honest. If people do not take the risk and come forward when their employer is doing something wrong, the wrong will likely continue, undiscovered, and people could be harmed. If you feel as though you experienced unfair treatment at the hands of your employer or former employer after you exposed violations of the law, you might be able to recover damages through the whistleblower claims process. If defamation of your character was a part of the retaliatory actions that your employer took against you, it is possible that you could recover for that harm, too. The Mississippi Whistleblower Attorneys at Barrett Law PLLC can help you navigate the whistleblower claims process with the aim of obtaining financial recovery for any losses and damages that you may have experienced as a result of your actions.  If you have questions about a whistleblower case, please call the Mississippi Whistleblower attorneys at Barrett Law PLLC today at 1 (800) 707-9577 to arrange a free, initial consultation.

A lottery and gaming company must pay half a million dollars in penalties after terminating an employee who reported to senior management and the United States Securities and Exchange Commission (SEC) that he felt that the company’s financial statements might be distorted. The employee had had several years’ worth of positive performance reviews. An investigation into his termination revealed that he was removed from significant work assignments shortly after he raised concerns about the company’s cost accounting model. He was eventually fired from all of his job responsibilities three months later.

The gaming company conducted its own investigation into the accuracy of the company’s financial records, which the employee did not have any responsibility for overseeing. The company says that the investigation exposed no inaccuracies in its financial records. The SEC’s investigation into the matter resulted in the first case against a company where there was no actual underlying securities violation, as well as the aforementioned half million dollar fine. It is also only the second case that has been brought against a company for retaliating against a whistleblower since 2010 when the Dodd-Frank Act first authorized the SEC to bring these kinds of charges. Whistleblower protection cases like this one are just one aspect of what the Dodd-Frank Wall Street Reform and Consumer Protection Act seeks to accomplish. The overall purpose of the law is to place significant regulations on the financial industry to address concerns about the economy that developed during the recent economic recession. Dodd-Frank also aims to protect consumers by making rules that protect borrowers from abusive lending and mortgage practices by banks.

The company has agreed to pay the half million dollar penalty, and it has agreed to refrain from treating whistleblowers in a similar manner in the future. However, the company did not admit or deny the SEC’s findings. The SEC made a statement regarding the case, saying that strong enforcement of anti-retaliation protections for whistleblowers is essential for the continued success of the SEC’s whistleblower program. In this situation, an employee noticed something that he felt could lead to inaccurate financial reporting violations of the law. The employee was then wrongfully targeted for doing the right thing by reporting it. The SEC further stated that bringing retaliation cases like this one shows that ensuring a safe environment for whistleblowers is a top priority.

Barrett Law PLLC:  Defending Whistleblowers throughout Mississippi

If you have discussed concerns about potential violations of the law with senior management in your company and with authorities after receiving no response or an inadequate response from your employer, you might qualify for protection as a whistleblower. If you have experienced retaliation or “discipline” because of your actions, the Mississippi Whistleblower Attorneys at Barrett Law PLLC can help you.  We understand the ins and outs of the whistleblower lawsuit process, and we will help you pursue justice in your case. To learn more, please call the Mississippi Whistleblower Attorneys at Barrett Law PLLC today at 1 (800) 707-9577 to schedule a free, initial consultation.

An non-operational power plant that was supposed to serve as an example of how to produce clean energy from coal while at the same time turning a profit is failing to fulfill either of those objectives. There were big hopes for the Kemper coal plant, which was a major piece of Obama’s plan to slow the effects of global warming and a project that was supposed to bring thousands of jobs to the poorest state in America.

Not only is the plant non-operational, well behind schedule, and over budget, it is also under investigation by the Securities and Exchange Commission. Concerns about mismanagement are among the project’s many problems, problems that are now public knowledge thanks to the efforts of a whistleblower named Brett Wingo, who provided the New York Times with access to thousands of pages of public records, undisclosed internal documents, emails, and secretly but legally recorded conversations among his colleagues at the plant.

The New York Times reviewed the materials that Wingo had provided to them, and the overall picture that emerged from the review is that the plant’s owners grossly understated the project’s cost, underestimated its timetable, and had a practice of attempting to conceal problems as they emerged. Brett Wingo had seen all of this happening from his position inside of the project, and he felt a need to speak up and expose the mismanagement and fraud that was going on. As is the case with many whistleblowers, Brett Wingo lost his job after disclosing the information regarding the extensive project management issues with the Kemper coal plant project. An investigation into his termination by the Occupational Safety and Health Administration let to a statement by the Administration that he had been fired illegally.

The New York Times review of the documentation from the Kemper coal plant project revealed how a monopoly utility with strong political backing from both state and federal government officials got investors and ratepayers to pay the hefty price tag on one of the most costly power plants ever built. Because of this project’s high cost and poor outcome, the Environmental Protection Agency is likely to revisit its proposed rules on new power plants. The problems with the project are also likely to affect discussions about the best methods for slowing climate change.

Barrett Law PLLC:  Unwavering Support for Mississippi Whistleblowers 

If you feel as though you were treated unfairly by your employer or former employer after you exposed violations of Federal law, you may be able to recover damages through the whistleblower claims process. The Mississippi Whistleblower Attorneys at Barrett Law PLLC could help you navigate the entire whistleblower claims process with the goal of obtaining financial recovery for any losses and damages that you may have experienced as a result of your heroic actions.  If you have questions about whistleblower protection, please call the Mississippi Whistleblower attorneys at Barrett Law PLLC today at 1 (800) 707-9577 to schedule a free, initial consultation.

When a whistleblower complaint gets filed under the False Claims Act, the United States Department of Justice needs time to investigate the allegations of fraud. The government’s interest in the secrecy of the complaints is so crucial that the defendants in these types of claims are not even served with the complaints until the cases are unsealed. For this reason, whistleblower complaints that are filed under the False Claims Act are filed under seal and must remain under seal for sixty or more days.

Sometimes, though, information gets out despite the sealed status of a case. In the highly publicized False Claims Act case against State Farm, the attorney who represented the homeowners sent documents from the case to journalists from a variety of high profile media outlets while the case was still under seal. The whistleblowers, in that case, the Rigsby sisters, did win a bellwether verdict in federal court in Mississippi when a jury found that State Farm had submitted a false flood claim to the United States government.

State Farm appealed the decision and presented an argument to the 5th U.S. Circuit Court of Appeals that the case should have been dismissed because the seal order on the case had been violated. The 5th Circuit denied the appeal and refused to set a standard that seal violations would automatically result in dismissal of the case. Instead of automatic dismissal, the 5th Circuit adopted a balancing test from a 1995 case in the 9th Circuit, U.S. v. Lujan. When the court applied the Lujan test to the State Farm case, they arrived at the result that the Rigsbys’ suit should not have been dismissed because the whistleblowers themselves did not violate the seal order in bad faith. The court said that it was their lawyer who violated the order, and it would be unfair to impute that mistake to them.

The case and the issue of seal violations are before the Supreme Court, and State Farm filed its merits brief on July 29. State Farm’s argument is that False Claims Act complaints are not supposed to serve as litigation bargaining chips, and they could become just that if there is not severe punishment for private whistleblowers who go public with their allegations. The case is still before the Court, and many different interest groups are interested in seeing what the Court will say about the matter in its decision.

Barrett Law PLLC:  Protecting the Rights of Mississippi Whistleblowers

If you have witnessed violations of federal law by a business, the Mississippi Whistleblower Attorneys at Barrett Law PLLC are here to help you file a whistleblower lawsuit.  Our experienced attorneys are skilled at navigating all of the complexities of whistleblower lawsuits, including the SEC whistleblower program. We can help you understand the whistleblower case process and pursue resolution of your whistleblower case.  Call the dedicated and knowledgeable whistleblower attorneys at Barrett Law PLLC today at 1 (800) 707-9577 to schedule a free, initial consultation.

A young professional is out of a job after he informed the public that there are lead joints in Jackson’s water distribution system. The man was working for the Jackson Public Works Department as an engineer-in-training was working on a water main replacement job when he discovered a band of shiny, corroded lead connecting two pipes. He was surprised to find lead in the city’s water pipe system, and he showed people at a local newspaper what he had found. The newspaper reported the man’s findings, making them public knowledge.

Before the incident involving the lead on the pipes, the young man was working diligently for the city, doing things like inspecting newly installed water lines and preparing contract documents. He had recently taken on the task of managing the city’s storm water permits, and he was even expecting a promotion. Unfortunately, the city fired him shortly after he disclosed to the public that he had found lead in the water distribution system. The man wants to continue working for the city, and he will appear before the city’s personnel board to ask to return to his previous position.

The attorney who represents the young man feels as though his client got fired for speaking to the media – for engaging in his Constitutionally protected right to free speech. The city is concerned the man’s conduct in sharing his findings with the newspaper may cast the city in a false light and damage its reputation.

As is the case with many whistleblower situations, the man approached his superiors and informed them of the situation before he went public with any information. His supervisors discouraged him from approaching the city council about the issue and they warned him not to talk to the press. The response from his supervisors left the man feeling like he was being asked to withhold the information, and that did not sit well with him because lead in water is a serious public health issue. In fact, lead in water is a serious public health problem in Jackson because testing had previously revealed high levels of lead in water samples collected in homes throughout the city. The city maintained that plumbing within the individual homes was the likely source of the contamination and made no mention that the lead could be coming from the city’s water distribution pipes.

Barrett Law PLLC:  Helping Whistleblowers Expose Wrongdoing throughout Mississippi

Cities and towns provide essential resources to their residents. Infrastructures like water and sewer systems serve city residents, and while most of the time there is nothing but benefit flowing to the residents from the use of the infrastructure, there are situations in which damage or disrepair to the infrastructure can put the public’s health at risk. Fortunately, once someone sees a potential hazard, it can then be made known to the city so that they can take steps to address the issue. However, cities and towns are not always willing to address issues right away, and sometimes the only way to ensure that they address the issue is to notify the public. If you have disclosed information to the public about a problem with a city or a town, the Mississippi Whistleblower Attorneys at Barrett Law PLLC are here to help you.  We understand the complexities of the whistleblower lawsuit process, and we will help you pursue a just result. If you have questions about whistleblower lawsuits, please call the Mississippi Whistleblower Attorneys at Barrett Law PLLC today at 1 (800) 707-9577 to schedule your free, initial consultation.

In a first-of-its-kind decision, the United States Securities and Exchange Commission (SEC) challenged the validity of a severance agreement clause that companies have used to prevent employees from collecting severance pay in situations where the employees notified Federal agencies of rule violations at their former employers’ firms as the employees were leaving those businesses. As the result of that decision, Atlanta building supply company BlueLinx Holdings will pay a fine for attempting to prevent departing employees from blowing the whistle on violations as they departed from employment with the enterprise.

In 2013, BlueLinx started requiring workers who were leaving the company to sign severance agreements in which they promised to waive their rights to any awards that they might win if they were to bring a federal whistleblower case and prevail. Theoretically, the employees who signed the agreements were still free to report violations, but the forfeiture of any award that would come from a victory against the company would discourage employees from reporting. Employees did not have a meaningful choice about whether or not to sign the agreements because any employee who did not sign it would not receive severance pay or other benefits.

The SEC ruled that since the severance agreement requirement was designed to prevent former employees from blowing the whistle on their former employers, it was not valid because it violates the purpose of the SEC whistleblower program. The case involving BlueLinx does not involve any would-be whistleblowers but is instead based solely upon the existence of the severance agreement policy. The company claims that it never intended to discourage whistleblower lawsuits, but the existence of the severance agreement policy would certainly deter such suits regardless of the intent behind the policy’s existence.

To make the situation right, BlueLinx will pay a penalty of $265,00.00 and, perhaps even more importantly, discontinue use of the old severance agreement. A new severance agreement has been adopted that contains language that indicates that the former employee may not sue the company but that they may file whistleblower complaints with government agencies.

Reddy said the company has since re-tooled language in the severance agreement to make clear that employees agree not to sue the company, not foregoing compensation that may flow from whistleblower complaints to government agencies. What’s more, former employees who signed the old severance agreements within the past five years will not have to forfeit any awards that may come to them if they disclose possible violations to the SEC.

Barrett Law PLLC:  Supporting Mississippi Whistleblowers 

If you feel as though you were not treated fairly by your employer or former employer after you exposed violations of Federal law, the Mississippi Whistleblower Attorneys at Barrett Law PLLC are here to help you.  We will support you throughout the entire whistleblower claims process and help you pursue financial recovery for any losses and damages that you have experienced as a result of your actions.  Please call the Mississippi Whistleblower attorneys at Barrett Law PLLC today at 1 (800) 707-9577 to schedule your free, initial consultation.

Pharmaceutical whistleblower lawsuits are often brought against drug companies that encourage or actively promote doctors to prescribe drugs for off label uses, provide kickbacks to doctors for prescribing certain medications, or fail to comply with FDA safety regulations and manufacturing specifications. These lawsuits can be filed by current or former employees of the drug company, pharmaceutical sales representatives, or other healthcare providers.  Those who successfully bring an action against the fraudulent pharmaceutical company could receive a significant recovery for their brave whistleblowing.

If you have discovered a pharmaceutical company is defrauding the federal government and taxpayers, contact the whistleblower attorneys at Barrett Law, PLLC. We will fight for you to hold the pharmaceutical company accountable and ensure you receive the compensation you deserve.  Whether you have already blown the whistle and need assistance in your action or you are preparing to blow the whistle, contact our attorneys as soon as possible to obtain the legal assistance you need.

Below we begin our look at pharmaceutical fraud, discussing the marketing of drugs for off label uses and illegal kickback programs that both give rise to potential whistleblower actions:

Marketing Drugs for Off Label Uses               

When the FDA approves a prescription drug, it approves that drug only for the treatment of a specific medical condition. This approval comes after the completion of clinical trials that demonstrate the drug is effective and safe to treat just the particular order analyzed.  It is against the law for pharmaceutical companies to encourage doctors to prescribe their drugs for any use not approved by the FDA.  For instance, if the FDA has approved a drug to treat depression, but the pharmaceutical company informs doctors that it is also effective at treating anxiety or other conditions, then the company is engaging in misbranding, which is illegal.

The misbranding of drugs has spurred an increasing number of whistleblower actions. In some cases, pharmaceutical companies have actually encouraged their representatives, pharmaceutical or drug reps, to tell doctors about potential off-label benefits of their products.  There have been several recent successful whistleblower actions based on misbranding or drugs filed under the False Claims Act.

Anti-Kickback Whistleblower Actions

Pharmaceutical companies are prevented under federal law from offering doctors any form of compensation in exchange for prescribing their drugs. Federal law prevents doctors fro, providing rebate programs, bribes, and other indirect or direct payments to doctors for prescribing certain drugs.

Federal law further makes “tying” drugs illegal. This occurs when the pharmaceutical company offers a discount on one drug to encourage the purchase of another drug.  This illegal practice can give rise to a cause of action under federal law.

Anyone who has uncovered potential pharmaceutical fraud should consult with a licensed whistleblower attorney as soon as possible. Whistleblower actions are complicated and require experienced assistance.  With the help of a whistleblower attorney, you can hold the pharmaceutical company responsible for its fraudulent actions.

Barrett Law, PLLC: Assisting in Complex Qui Tam and other Whistleblower Actions

Whistleblowers perform a vital function for the United States government and citizens across the nation. Whistleblowers may be eligible to receive considerable sums for bringing fraud to light through qui tam lawsuits.  If you are preparing to blow the whistle or have experienced retaliation due to a whistleblowing complaint, contact the Mississippi Whistleblower Attorneys at Barrett Law, PLLC.  Our outstanding Mississippi law firm will provide the experienced representation you need to obtain the best possible outcome for your case.  Your whistleblower action is time sensitive so contact our office as soon as possible.  Call Barrett Law, PLLC today at 1 (800) 707-9577 to schedule your free initial consultation.

Pharmaceutical fraud is a growing problem and the number of whistleblower cases brought due to the fraudulent actions of pharmaceutical companies is on the rise. In Part I of this two part series we discussed two common types of pharmaceutical fraud:  off-label marketing of drugs and illegal kickbacks.  These two types of fraud can engender the lives of patients by encouraging the use of drugs unapproved for particular conditions simply due to illegal incentives on the part of the pharmaceutical company.

At Barrett Law, PLLC, we believe that pharmaceutical companies must be made to comply with federal law. Federal laws regarding prescription drugs and their use are essential for the safety of consumers.  If you believe you have uncovered an act of fraud or have already initiated a whistleblower action, contact our experienced attorneys as soon as possible.

The following is a look at some additional pharmaceutical fraud actions:

Whistleblowers and FDA Regulations Regarding Quality and Control Procedures

The Food, Drug, and Cosmetic Act (FDCA) makes the sale of any adulterated drug illegal. All drugs must comply with the methods and quality control procedures used in the creation, processing, packing, and holding of drugs.  Drugs that do not comply are considered adulterated and therefore not able to be sold.  These regulations are necessary to ensure drugs are safe for their intended use and each drug on the market has the quality and purity characteristics that the drug is supposed to contain.

Federal regulations require drug companies have an adequately trained staff, proper equipment, and follow stringent manufacturing processes. Failure to comply with federal pharmaceutical standards is considered fraud.  Whistleblowers who bring this fraud to light can uncover substantial sums.

Clinical Trial Fraud

Clinical trial fraud happens when a pharmaceutical company submits false data to the FDA in order to receive approval for a new drug. If the pharmaceutical company misrepresents the outcome of trials in order to boost the supposed effectiveness of a new drug, it is committing an illegal act and it can be held accountable through a whistleblower lawsuit.  Anyone who uncovers that a pharmaceutical company is falsifying clinical trial data should consult with an attorney as soon as possible.

Another cause of action exists when drug companies misrepresent medical devices. Medical devices will not need FDA approval if they are the substantial equivalent of a product already on the market.  Misrepresenting a medical device so as to avoid the FDA approval process can result in liability on the part of the pharmaceutical company.

If you have uncovered any form of pharmaceutical fraud, consult with a licensed whistleblower attorney who can assist you in bringing a whistleblower action. With the assistance of an experienced attorney, you may be eligible to receive considerable compensation.

Barrett Law, PLLC: Experienced and Dedicated Whistleblower Attorneys 

Whistleblowers are necessary to hold the pharmaceutical companies accountable and keep them in compliance with the law. Whistleblowers put their lives and careers on the line to uncover fraud, but they may be eligible to receive considerable sums for bringing fraud to light through qui tam lawsuits.  If you are preparing to blow the whistle or have experienced retaliation due to a whistleblowing complaint, contact the Mississippi Whistleblower Attorneys at Barrett Law, PLLC.  Our outstanding Mississippi law firm will provide the experienced representation you need to obtain the best possible outcome for your case.  We have assisted whistleblowers for over 75 years and will provide you with representation of unmatched excellence.  Your whistleblower action is time sensitive so contact our office as soon as possible.  Call Barrett Law, PLLC today at 1 (800) 707-9577 to schedule your free initial consultation.