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Letter Summary:
With respect to award eligibility, we understand that in-house counsel may be eligible for an award in certain circumstances, provided the information is not obtained through a communication that was subject to solicitor-client privilege. Allowing in-house counsel to be eligible, but only with respect to certain limited information, might result in additional complexity.
Overview of the Council’s Comments:
We agree with the proposal that the Commission will consider the timing of a report due to the failure by a whistleblower’s employer to respond to an internal report provided that not more than 120 days have passed since the initial internal report. The employer organization should be given sufficient time to collect, analyze and form a conclusion based on the allegations made. In larger organizations, committees and/ or board meetings may have to be called in order for such decisions to be finalized, and the 120 day period should be sufficient time in which to do so.