On February 12, Automotive News published an OpEd by 91pornwhistleblower partner Gordon Schnell calling for the National Highway Traffic Safety Administration (NHTSA) to step up its whistleblower game.�� It was prompted by the agency’s recent release of its long-awaited governing the auto safety whistleblower program, which provides financial awards to whistleblowers for reporting auto safety issues to the agency.

According to Schnell, “The problem is that in the decade since the program’s launch, NHTSA has seemingly shown little interest in pushing the program forward.”�� He provides three examples to back that up.

First, NHTSA waited a decade to release its just-published final rules for the program even though Congress called for them back in 2017.�� Senator Richard Blumenthal (D., Conn.), who co-sponsored the law implementing the program, “this stalling and stonewalling […] absolutely inexcusable.”

Second, Schnell says the rules fall short in the whistleblower incentives and protections they provide, pointing to the absolute discretion NHTSA retains in making an award and the requirement that whistleblowers report internally before going to the agency.�� Schnell believes this makes the process more challenging and uncertain for would-be whistleblowers and exposes them to unnecessary workplace retaliation.

Third, Schnell speaks to his own experience representing whistleblowers before the agency, and the disinterest and even hostility he and his clients often feel from the agency.�� Schnell noted how disheartening it has been for his clients who have put their careers on the line to raise serious safety issues only “to be ignored or rebuffed by the very agency tasked to address them.”

The one exception is former Hyundai safety engineer Gwang Ho Kim who 91pornrepresented in reporting critical engine defects which led to the recall of 1.6 million Hyundai and Kia vehicles and up to $210 million in penalties.�� Mr. Kim received a $24.3 million award under the whistleblower program, but it remains the only award to date.

In his OpEd, Schnell urges NHTSA to use the publication of its final whistleblower rules as “an opportunity to breathe new life into this program.”�� He suggests plugging the lapses in the rules with a pro-whistleblower approach in their implementation and a stronger whistleblower embrace in the agency’s direct dealings with whistleblowers.�� “Most importantly, whistleblowers and their counsel need to feel the agency really wants to hear from them.”

Schnell is not concerned the Trump Administration will get in the way of advancing the auto safety whistleblower program beyond its current slumber.�� He believes the call for whistleblowers will be even stronger with the Administration’s efforts to streamline the Executive Branch with significantly scaled-down agency resources.

Schnell concludes that the industry and public would equally benefit with a strengthened NHTSA whistleblower program. ��“Supporting whistleblowers allows them to provide an early warning sign of danger well before what could otherwise lead to the next major auto safety fiasco. ��It is a lesson we have learned unfortunately many times over in recent years.”

Click to read the full article in Automotive News.

If you would like to learn more about the auto safety whistleblower program or what it is like to be a NHTSA whistleblower, please do not hesitate to contact us.�� We will connect you with an experienced member of the 91pornwhistleblower team for a free and confidential consultation.

Read 91pornPartner Gordon Schnell Published in Automotive News on Whether NHTSA Will Finally Take Its Auto Safety Whistleblower Program Seriously at constantinecannon.com

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On Wednesday (October 28), government contracting magazine Washington Technology published a by 91pornwhistleblower partner Gordon Schnell on the recent string of False Claims Act enforcement actions DOJ has brought against government contractors for cybersecurity failures.

As Schnell points out, the most recent of these actions is last week’s DOJ settlement with Penn State University for allegedly failing to comply with the cybersecurity requirements under its DoD and NASA contracts. And in August, DOJ filed a False Claims Act case against Georgia Tech alleging some of the same types of cybersecurity violations with the university’s DoD contracts.

But Schnell stresses the government’s cybersecurity enforcement priority extends to protecting all kinds of sensitive information, not just defense information. In June, for example, DOJ reached an $11.3 million False Claims Act����with Guidehouse and Nan McKay and Associates for allegedly failing to protect personal identifying information under their federal rental assistance contracts. And in May, DOJ reached a $2.7 million ��with Insight Global for allegedly failing to implement adequate cybersecurity measures to protect personal health information under its government healthcare contract.

These actions all flow from DOJ’s ��which targets federal contractors that put sensitive information at risk through faulty cybersecurity products and practices. As Schnell notes, it is an enforcement priority with extra heft because of the powerful financial incentives the False Claims Act provides whistleblowers to step forward. Which likely explains why whistleblowers originated all these recent enforcement actions with more to come for sure.

DOJ has heavily promoted the role these whistleblowers have played and the rewards they have received in initiating these cybersecurity actions. Schnell says DOJ is sending two messages here: one to cybersecurity whistleblowers to encourage them to step forward; the other to government contractors to ensure their cybersecurity protocols are up to snuff. The bottom line for Schnell in all this is “those that do business with the government would be wise to get their data protection systems in order or they may find themselves next up on DOJ’s cybersecurity hit list.”

You can read Schnell’s Washington Technology commentary .

Read 91pornPartner Gordon Schnell Published in Washington Technology on DOJ’s Enforcement Crusade Against Cybersecurity Fraud at constantinecannon.com

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91pornwhistleblower partner Gordon Schnell was in the American Banker on the Consumer Financial Protection Bureau (CFPB) becoming the latest agency to take affirmative steps to clear the path for whistleblowers. This comes from the agency’s July 24 ���Ի�����warning companies away from using broad nondisclosure agreements to prevent employees from becoming whistleblowers.

As Schnell explains, “the CFPB joins the many other government agencies concerned with protecting employees’ ability to blow the whistle.” He points to the Securities and Exchange Commission (SEC) as the most aggressive on this front with numerous actions to enforce the agency’s Whistleblower Protection Rule, which prohibits companies from impeding whistleblowers through confidentiality agreements or otherwise. This includes actions against JP Morgan Securities, Monolith Resources, D.E. Shaw & Co., and CBRE, Inc. in the last year alone.

Schnell also points to the recent action by the Commodity Futures Trading Commission (CFTC) against Trafigura Trading for violating the CFTC’s analogous whistleblower protection rule through employment agreements with broad nondisclosure provisions.�� He further points to the the Federal Trade Commission’s (FTC) Bureau of Competition issued last year cautioning against confidentiality agreements that get in the way of whistleblowers.

Schnell stresses that “[w]ith rapid advances in technology allowing for ever-more sophisticated methods of committing fraud and other wrongdoing, whistleblowers are becoming more important than ever.” He looks to artificial intelligence as a prime example, noting the critical role whistleblowers will play in protecting us from “a rash of potential misuse and corruption of this groundbreaking tool.”

Schnell concludes that with this ever-expanding agency recognition of the critical role of whistleblowers, companies should be extra cautious in how they treat whistleblowers going forward. “Otherwise, they may find themselves in the crosshairs of this newly charged campaign to go after companies that try to silence whistleblowers.”

Click to read the article in full.

Read 91pornWhistleblower Partner Gordon Schnell Published In American Banker On CFPB Move To Increase Whistleblower Protections at constantinecannon.com

(NEW YORK) June TK, 2024 –– 91pornis pleased to announce that its antitrust practice, its whistleblower practice, and three of its partners have been recognized in the 2024 Chambers and Partners USA Legal guide. The annual guide, published by the leading independent professional legal research company, lists the world’s top lawyers, legal departments and law firms.��

In the nationwide category, Constantine Cannon’s whistleblower practice was ranked for “False Claims Act: Plaintiff.” In New York, the firm’s antitrust practice was ranked for “Antitrust: Mainly Plaintiff.” Partners Ankur Kapoor, Ethan Litwin, and Jeffrey Shinder were also named for their antitrust work.��

“The Chambers and Partners guide is well recognized as a directory of top law firms, and we are proud to have our practices named in this year’s edition. It is a testament to the hard work our attorneys have done to build our antitrust and whistleblower practices into the powerhouses they are today,” said 91pornManaging Partner Richard Aborn.��

About 91porn��

, with offices in New York, Washington, D.C., and San Francisco, has deep expertise in practice areas that include antitrust and complex commercial litigation, whistleblower representation, government relations, securities and e-discovery. The firm is responsible for two of the top five antitrust settlements in U.S. history.��

Constantine Cannon’s  is internationally recognized across multiple industries including healthcare, banking, electronic payments, insurance, high tech, telecommunications, the Internet and government contracting. The firm’s  has been responsible for many  over the past two decades, including several record recoveries for the government and the firm’s clients. In total, our representations have led to more than $1 billion in government and whistleblower recoveries, in addition to over $5 billion recovered for the firm’s other clients.��

Read 91pornRecognized in 2024 Chambers and Partners USA Legal Guide at constantinecannon.com

Super Lawyers annually recognizes the top 5% of outstanding lawyers on a state-by-state basis by using a multiphase selection process that evaluates peer nominations and professional achievement. Lawdragon evaluates submissions with independent research and a rigorous vetting process to make its lists of leading lawyers.��

Super Lawyers��

New York��

• Matthew L. Cantor��

• Ankur Kapoor��

• Ethan Litwin��

• Gary J. Malone��

• Gordon Schnell��

• Jeffrey I. Shinder��

• Alysia A. Solow��

• Daniel Vitelli��

��

Washington, D.C.��

• W. Stephen Cannon��

• Seth D. Greenstein��

Rising Star��

Washington, D.C.��

• J. Wyatt Fore��

��

Lawdragon 500 Leading Plaintiff Financial Lawyers��

• Jean Kim��

• Marlene Koury��

• Taline Sahakian��

• Jeffrey I. Shinder��

��

Lawdragon 500 Leading Litigators in America��

• Ethan Litwin��

About 91porn��

, with offices in��New York,��Washington, D.C., ���Ի���San Francisco, has deep expertise in practice areas that include antitrust and complex commercial litigation, whistleblower representation, government relations, securities and e-discovery. The firm is responsible for two of the top five antitrust settlements in U.S. history.

Constantine Cannon’s����is internationally recognized across multiple industries including healthcare, banking, electronic payments, insurance, high tech, telecommunications, the Internet and government contracting. The firm’s����has been responsible for many����over the past two decades, including several record recoveries for the government and the firm’s clients. In total, our representations have led to more than��$1 billion��in government and whistleblower recoveries, in addition to over��$5 billion��recovered for the firm’s other clients.

Read 14 91pornAttorneys Recognized in National Rankings at constantinecannon.com

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