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ARTICLE · 12 SEPTEMBER 2019

Whistleblower Receives First False Claims Act Payout For Cybersecurity Claim

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Whistleblower programs that previously focused on traditional concerns such as accounting and FCPA issues should now consider expanding

United StatesTechnology

Whistleblower programs that previously focused on traditional concerns such as accounting and FCPA issues should now consider expanding to incorporate company IT and information security teams and account for data protection and cybersecurity-related whistleblower complaints.

On July 31, 2019, Cisco Systems agreed to pay $8.6 million in civil damages—including approximately $1.6 million to a whistleblower—to resolve claims that it sold video surveillance software that had significant security vulnerabilities to local, state, and federal governments. The settlement is the first payout on a False Claims Act ("FCA") case brought over cybersecurity vulnerabilities.

According to the complaint, a subcontractor for Cisco in Denmark alerted the company to the vulnerabilities in November 2008. When the subcontractor discovered in June 2010 that Cisco had not addressed the vulnerabilities, he notified the FBI. Cisco acknowledged the vulnerabilities and released an updated

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