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The Increasing Threat of Whistleblower Claims and RelatedEnforcement: Insights on Effective Risk Management 1Whistleblower claims and related enforcement actions continue to escalate across awide swath of industry sectors with the bulk of claims being directed at health careproviders, financial institutions, pharmaceutical and device companies, defensecontractors, and manufacturing concerns. Those who have experienced (some wouldsay endured) the costs, distraction and other consequences of enforcement or litigationinvolving whistleblowers will attest to the pain associated with these controversies.Again last year, blaring headlines accompanied reports of settlements and casesinstituted by whistleblowers. These controversies and the billions paid in settlementshave been widely touted by government enforcement authorities as well as the qui tamrelator bar, and they both continue efforts to increase claims and promote whistleblowerprograms. As the numbers and types of whistleblower claims being filed underwhistleblower laws continue to grow, there is growing acceptance that whistleblowerswill continue to confront company management teams with claims carrying significantrisk of enforcement and attendant legal, financial and business reputational costs anddamage.These cases have also prompted predictions that companies are going to have lessability to identify and correct problems using traditional compliance strategies and tools.As the government and whistleblower bar continue to encourage the filing of claims,1 Article prepared by Patrick Coffey, leader of the White Collar Defense and Compliance Practice at theAFLA International firm of Whyte Hirschboeck Dudek S.C., of Milwaukee, Wisconsin.1