SEC and False Claims Act Retaliation Landmines

Rachel V. Rose
Rachel V. Rose | Rachel V. Rose – Attorney at Law, PLLC

Ms. Rose has a unique background, having worked in many different facets of healthcare, securities, cybersecurity, as well as international law and business throughout her career.

On-Demand: May 3, 2024

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2 hour CLE
Tuition: $195.00
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Program Summary

As the U.S. Department of Labor states, “[r]etaliation occurs when an employer (through a manager, supervisor, administrator or directly) fires and employee or takes any other type of adverse action.” Retaliation may also occur against a contractor. Whistleblowers in particular have unique recourse under the U.S. Securities and Exchange Commission’s Dodd-Frank Whistleblower Program and under the False Claims Act. What forms does retaliation take, is it against public policy, and how does it vary within the context of Dodd Frank and the False Claims Act? In typical lawyer fashion, the answers are that nuances exist and it depends. The purpose of this webinar is to explain the differences, highlight case law and enforcement actions, and provide lawyers with suggestions that they can, in turn, integrate into client conversations on both sides of the aisle.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Learn the differences between the Dodd Frank and the False Claims Act’s retaliation provisions
  • Appreciating the legal landscape of both laws
  • Glean suggestions to integrate into client conversations

Closed-captioning available

Speakers

Rachel-V.-Rose_Principal-with-Rachel-V.-Rose-–-Attorney-at-Law,-P.L.L.C.Houston,-TX_FedBarRachel V. Rose | Rachel V. Rose – Attorney at Law, PLLC

Rachel V. Rose, JD, MBA is a Principal with Rachel V. Rose – Attorney at Law, P.L.L.C. (Houston, TX)

Ms. Rose has a unique background, having worked in many different facets of healthcare, securities, cybersecurity, as well as international law and business throughout her career. For nearly a decade, her practice has focused transactional, compliance, and litigation matters related to cybersecurity, health care, securities, and Dodd-Frank/False Claims Act whistleblower claims. Ms. Rose worked on Capitol Hill when HIPAA passed in 1996 and worked at HHS in 2009 when the HITECH Act was being implemented.

In addition to being extensively published and a sought-after presenter and quoted expert, Ms. Rose holds an MBA with minors in healthcare and entrepreneurship from Vanderbilt University, and a law degree from Stetson University College of Law, where she graduated with various honors, including the National Scribes Award and The William F. Blews Pro Bono Service Award.

Ms. Rose is licensed in Texas and is a Fellow of the Federal Bar Association. Currently, she is the Chair of the Federal Bar Association’s Government Relations Committee, a board member of the Federal Bar Association’s Qui Tam Section, the co-editor of the American Health Lawyers Association’s Enterprise Risk Management Handbook for Healthcare Entities (2nd Edition), as well as a co-author of the ABA’s books The ABCs of ACOs and What Are International HIPAA Considerations?

She has been named consecutively to the Texas Bar College, the National Women Trial Lawyers Association’s Top 25, Houstonia Magazine’s Top Lawyers (healthcare), the National Trial Lawyers Association’s Top 100, as well as 1st Healthcare Compliance’s 2019 Top Presenter. Ms. Rose is also an Affiliated Member with the Baylor College of Medicine’s Center for Medical Ethics and Health Policy, where she teaches bioethics.

Federal Court Admissions: Supreme Court of the United States, CO, DC, SDTX, NDTX, EDTX and WDTX.

Agenda

I. Public Policy and Retaliation in the Context of Securities Law and the False Claims Act | 2:10pm – 2:30pm

II. Dodd-Frank Act, Retaliation and Enforcement Actions | 2:30pm – 2:50pm

III. False Claims Act, Retaliation and Case Law | 2:50pm – 3:10pm

Break | 3:10pm – 3:20pm

IV. Common Questions, Scenarios, and Answers Presented on Different Slides | 3:20pm – 3:45pm

V. Compliance, Contract, and Employee Handbook Considerations | 3:45pm – 4:05pm

VI. Conclusion | 4:05pm – 4:20pm

Preview
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