United States: Whistleblowing

The Department of Justice has launched a groundbreaking three-year pilot program offering fixed payments of $10,000 to $30,000 for whistleblower tips that lead to criminal charges in health care and federal benefit fraud cases. Unlike traditional programs that pay after final resolution, this initiative rewards tipsters at the charging stage, potentially accelerating fraud detection and prosecution. Organizations in covered sectors face new compliance challenges as the program creates earlier pathways for i

The U.S. Department of Justice's Fraud Division has issued new corporate enforcement guidance establishing a dedicated team to oversee fraud cases and identifying four priority investigation areas. Companies face heightened scrutiny as DOJ deploys advanced data analytics and enhanced whistleblower incentives to detect corporate misconduct more rapidly. Understanding the ten charging factors and compliance expectations outlined in this directive is essential for organizations to assess their exposure and str

On Sept. 16, 2026, the Commodity Futures Trading Commission published a final rule revising its whistleblower regulations. The final rule will create a presumption that a whistleblower claimant will receive the statutory maximum of 30% when a report results in collected monetary sanctions of up to approximately $16.66 million (Whistleblower Final Rule).

The U.S. Department of Labor Administrative Review Board (“ARB”) extended the potential reach of SOX whistleblower coverage to private companies whose subsidiaries are partially owned by a publicly traded company. It also confirmed that reports to external auditors and concerns raised through an employee’s ordinary job duties may constitute protected activity.

AI-generated applications, deepfakes, and new background check requirements are changing how employers vet candidates. This episode explores common vetting mistakes, compliance considerations under the FCRA and EEOC guidance, and practical strategies for implementing effective background check processes that balance legal risk with business needs.

Medical billing unbundling—the practice of separating comprehensive procedures into multiple billing codes—walks a fine line between legitimate coding practices and healthcare fraud. When does this common billing technique cross into illegal territory, and what role do whistleblowers play in exposing systematic abuse that costs government healthcare programs hundreds of millions annually?

A San Diego jury has awarded a former substance abuse counselor $105 million after finding she was terminated for reporting workplace harassment, a hidden camera, and patient safety violations.

Bass, Berry & Sims attorneys Thad McBride and Jamie Parkinson co-authored an article for National Law Review highlighting recent proposed rulemaking from a busy Financial Crimes Enforcement Network (FinCEN).

The Florida Supreme Court has resolved a decade-long split among appellate courts regarding the burden of proof for private whistleblower claims, establishing that employees must demonstrate an actual violation of law rather than merely a good faith belief in wrongdoing. This landmark decision clarifies the distinction between protections afforded to public versus private sector whistleblowers and provides uniform guidance for employers defending against retaliation claims.