Edward Ellis

Edward Ellis


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SEC Report Indicates Whistleblower Program Going Strong

Compliance professionals and attorneys received confirmation on Tuesday of what many have long expected: the U.S. Securities and Exchange Commission whistleblower program is steadily growing in scope and impact, and the SEC...more

11/19/2015 - Anti-Retaliation Provisions Compliance Dodd-Frank Popular SEC Whistleblowers

SEC Continues its Efforts to Make Dodd-Frank Whistleblowing Easier

The Securities and Exchange Commission (SEC) recently issued interpretative guidance intended to advance the agency's position that a whistleblower is entitled to the anti-retaliation protections of the Dodd-Frank Wall Street...more

8/17/2015 - Amicus Briefs Anti-Retaliation Provisions Chevron Deference Chevron v NRDC Dodd-Frank Federal Register Financial Markets Internal Reporting Motion to Dismiss NRDC Retaliation Sarbanes-Oxley SCOTUS SEC Whistleblowers

District Court Holds False Claims Act Applies to Employee Allegedly Terminated for Engaging in Protected Activity Against...

In a matter of first impression, the U.S. District Court for the Western District of Pennsylvania in Cestra v. Mylan Inc. No. 15-0873 (E.D. Pa., May 22, 2015) held that the antiretaliation provision of the False Claims Act...more

6/12/2015 - Anti-Retaliation Provisions Cephalon False Claims Act (FCA) Hiring & Firing Interlocutory Appeals Mylan Pharmaceuticals Protected Activity Qui Tam Whistleblower Protection Policies Whistleblowers Wrongful Termination

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 Else…": 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 (FCA) 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 (FCA) 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 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 DOL Hiring & Firing Protected Activity Sarbanes-Oxley Securities Termination Whistleblowers

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