During the trial, Judge Jackson did not really tip his hand as to whether he favours a break-up or a conduct-based remedy, he added.

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The Report notes, however, that the posting of such notices does not indicate that a whistleblower tip, complaint, or referral led to the SEC initiating an investigation or filing an action or that an award to a whistleblower will be paid in connection with the case.

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The fact that Mainstay did not furnish tools or that the employees did not render their services on Mainstay property is not sufficient to tip the balance away from this conclusion.

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