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A Focus on Multinationals: Adding Enterprise Value Through Global Whistleblower Protocols and Promoting Employer Values

Client Alert | 1 min read | 11.12.21

Whistleblower activity—including new whistleblower laws—has increased in recent years; however, the number of internal whistleblower complaints has fallen. Internal whistleblower complaints are an opportunity for employers to correct misconduct, noncompliance, or other workplace problems as they happen. While this presents a challenge for employers, it is also an opportunity to reevaluate internal policies, training, and workplace culture. In this article, the second installment of a two-part series, Director of Global Corporate Compliance for Corning, Inc., Dan Christmas, along with Crowell’s Preston Pugh, Trina Fairley-Barlow, and Rachel Lesser, discuss strategies for maximizing the benefits and minimizing the risks of increased whistleblower activity. Part one of this series, available here, reviews the rise in whistleblower bounty laws and other laws designed to incentivize reporting.

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Client Alert | 2 min read | 08.14.24

Bid Protests: GAO Reminds Would-Be Protesters – Timing Is Everything

When to file a protest challenging an agency’s corrective action is an issue that has confused protesters for over a decade since GAO’s Domain Name Alliance Registry, B‑310803.2, Aug. 18, 2008, 2008 CPD ¶ 168 decision.  In Domain Name, GAO held where a protester essentially challenges the “ground rules” of corrective action, that protest must be filed pre-award or risk being dismissed as untimely.  This has led to the proliferation of overly cautious protesters bringing pre-award challenges to corrective actions only to have GAO dismiss such protests as merely anticipating improper agency action and therefore premature.  Indeed, the line between a timely and untimely corrective action protest is unclear.  And that confusion persists, as evidenced in two recent GAO dismissals—General Dynamics Information Technology, Inc., B-422421.6, B-422421.7, July 17, 2024, and Peraton Inc., B-422409.2, B‑422409.3, July 22, 2024....