Government Contractor Compliance & Regulatory Update

Tag Archives: whistleblower

Internal Investigation Documents Are Protected from Disclosure in False Claims Act Case, D.C. Circuit Holds

Reversing a lower court decision, the D.C. Circuit recently concluded – for a second time – that certain internal audit documents are protected from disclosure by the attorney-client communication and work production privileges.  On August 11, 2015, the D.C. Circuit issued a second writ of mandamus regarding the same group of documents, internal reports which … Continue Reading

Department of Defense Adopts Final Rule Implementing Whistleblower Amendments

The Department of Defense (DoD) recently adopted a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS).  The rule implements increased whistleblower protections for contractor and subcontractor employees from Section 827 of the National Defense Authorization Act for Fiscal Year 2013. The rule broadens and clarifies whistleblower protections for federal contractor and subcontractor employees.  … Continue Reading

Interim Rules on Whistleblower Protection for Contractor Employees Issued by DOD, GSA and NASA

On September 27, 2013, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration announced interim rules in the Federal Acquisition Regulations (“FAR”) and Defense Federal Acquisition Regulations Supplement (“DFAR”) outlining enhancements to whistleblower protections for contractor employees (the “Program”).  The interim rules implement Section 828 of the National Defense Authorization Act … Continue Reading

Expanded Whistleblower Provisions Applicable To Federal Contractors And Subcontractors Take Effect

Yesterday a significant expansion of whistleblower protections for employees of federal contractors and subcontractors took effect.  The National Defense Authorization Act for 2013 (“NDAA”) extended whistleblower protections to an employee of a “contractor, subcontractor, or grantee” who makes a claim of gross mismanagement, gross waste, abuse of authority, a substantial and specific danger to public … Continue Reading

The Fourth Circuit Upholds Entry of Summary Judgment in Favor of CIED Manufacturers, Finding that Complaints Concerning Module-Level Testing Were Not Protected Activity Under FCA Whistleblower Provision

This blog entry was written by Connie N. Bertram, who represented the defendant contractors in the proceedings before the district court. Plaintiff, former engineer for defendant Impact Science & Technology, Inc. (IST), brought suit against IST and related entities under the whistleblower provisions of the False Claims Act (FCA) in 2007.  A federal district court … Continue Reading
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