How to Handle Whistleblower Complaints: Best Practices Amid a Spike in FCPA-Related Complaints

May 10, 2024 2:45pm

John C. Richter
King & Spalding LLP

Rina Vazirani
Associate General Counsel & Senior Director
Gilead Sciences

Michael T. Henry
Director, Compliance Counsel
Ionis Pharmaceuticals

  • Trends and specific challenges related to FCPA-related whistleblower complaints
  • Step-by- action plan for handling the complaint, interviews and litigation risk
  • Whistleblowers that continue to bring False Claims Act actions against life sciences companies, particularly those that lack the fundamental controls necessary to comprise adequate healthcare fraud and abuse compliance programs
  • Asia Pacific-related whistleblower report trends: Meeting confidentiality obligations and local law requirements
  • Whistleblower risks when implementing reductions in the workforce
  • EU Whistleblower Protection Directive: Key Considerations for the Life Sciences Sector
    • fostering internal, rather than external, reporting
    • encouraging individuals to report centrally, while ensuring that the worker also has the option to report locally
    • Retaliation:
      • retaliations including “psychiatric or medical referrals”
      • continuing to monitor its relationship with a whistleblower and to keep records of management decisions