Edward Ellis

Edward Ellis

Littler

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Seminal Decision Could Make it Harder for Publicly Traded Employers to Defeat Sarbanes-Oxley Whistleblower Claims

Long awaited in Sarbanes-Oxley Act (SOX) whistleblower circles, on October 9, 2014 the U. S. Department of Labor's Administrative Review Board (ARB) issued a split 2-1 panel decision in Fordham v. Fannie Mae, ARB No. 12-061,...more

10/28/2014 - Corporate Counsel DOL Employer Liability Issues Fannie Mae OSHA Sarbanes-Oxley Whistleblower Protection Policies Whistleblowers

"Pay Me, Or Elseā€¦": California Court Rules Employee's Pre-Litigation Qui Tam Threat is Extortionate

A California appellate court recently issued a warning to employees who try to negotiate settlements with their employers by making veiled threats to report an employer's real or imagined criminal activity. In Stenehjem v....more

7/2/2014 - False Claims Act Negotiations Qui Tam Settlement Whistleblowers

Supreme Court's First Sarbanes-Oxley Decision Promises Expansion of Coverage to Most Privately Held Businesses

In Lawson v. FMR LLC,1 the Supreme Court massively expanded the scope of the anti-retaliation provision of the Sarbanes-Oxley Act (SOX), from 4,500 publicly held companies to millions of private companies that are...more

3/10/2014 - Contractors FMR LLC Lawson v FMR Sarbanes-Oxley SCOTUS Subcontractors Whistleblower Protection Policies Whistleblowers

Retaliation and Whistleblower Claims by In-House Counsel

In This Issue: - Whistleblower protections and in-House Counsel - Sarbanes-oxley - The Dodd-Frank Act - The False Claims Act - Common Law Wrongful Discharge Claims - The Ethical...more

4/1/2013 - After-Acquired Evidence Attorney-Client Privilege Confidentiality Agreements Conflicts of Interest Corporate Counsel Dodd-Frank False Claims Act Hiring & Firing Injunctions Protected Activity Retaliation Sarbanes-Oxley Termination Whistleblowers

Third Circuit Adopts New Broader Standard for Defining Protected Activity for Whistleblowers

The roller coaster continues for how to define protected activity under the Sarbanes Oxley Act (SOX). In a recent decision that signifies a major setback for employers, the United States Court of Appeals for the Third Circuit...more

3/26/2013 - DOL Protected Activity Sarbanes-Oxley Sylvester v Parexel Whistleblowers

No Longer Black and White, Is the "Definitively and Specifically" Standard Now Grey?

While the Department of Labor's Administrative Review Board (ARB) and the majority of federal courts once agreed that, in order to engage in "protected activity" under the Sarbanes-Oxley Act (SOX), a whistleblower must...more

2/4/2013 - Administrative Review Board Definitively and Specifically Standard DOL Hiring & Firing Protected Activity Sarbanes-Oxley Securities Termination Whistleblowers

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