The continuing controversy over whether retaliation claims under the Sarbanes-Oxley Act ("SOX") cover activities outside the United States continues to play out in the courts and administrative bodies. The two leading cases...more
On November 4, 2013, the U.S. District Court for the Northern District of California denied a motion filed by a company to dismiss a lawsuit brought by a former Libya-based employee. This decision ended the company's...more
The issue of whether attorneys may "blow the whistle" on conduct they reasonably believe violates securities laws, and thereby collect bounties under federal whistleblower laws, is controversial.
On April 17, 2013, the Supreme Court decided Kiobel v. Royal Dutch Petroleum. For all intents and purposes, the decision eliminates use of the federal Alien Tort Statute ("ATS") as an employment law weapon to be used against...more
A workplace policy requiring all employees who self-identify as in need of substance abuse treatment to submit to random alcohol testing following their return to work constitutes disability discrimination on its face,...more