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Harris M. Mufson

Harris M. Mufson

Proskauer Rose LLP


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Law360 Quotes Steve Pearlman on Keeping Whistleblower Complaints In-House

In a Law360 article (subscription required), Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, offered ways for companies to minimize their potential whistleblower liability....more

5/9/2013 - Compliance Human Resources Professionals Retaliation Risk Management Whistleblowers

C.D. Cal. Greenlights SOX Claim, Analyzing Whether Scienter Must Be Shown Where Violation Of Internal Controls Is Alleged

On April 24, 2013, the U.S. District Court for the Central District of California issued its final ruling that a SOX whistleblower complaint survived a Rule 12(b)(6) challenge. Zulfer v. Playboy Enterprises, Inc., No....more

5/7/2013 - Anti-Retaliation Provisions Internal Controls Sarbanes-Oxley Scienter Whistleblowers

New York Times Quotes Lloyd Chinn on “Sharper Focus” of Internal Whistleblower Compliance Policies

In an article published by the New York Times yesterday, Lloyd Chinn, Co-head of Proskauer’s Whistleblower & Retaliation Group, commented on the recent efforts of some companies to strengthen their whistleblower compliance...more

4/25/2013 - Compliance SEC Whistleblowers

Fifth Circuit: No Fee Shifting For Title VII Mixed-Motive Retaliation Claims

On April 3, 2013, the Fifth Circuit affirmed a ruling from the U.S. District Court for the Northern District of Texas that a plaintiff was not entitled to attorney’s fees and costs under Title VII (42 U.S.C. § 2000 e-5(g))...more

4/18/2013 - Discrimination Fee-Shifting Statutes Harassment Mixed Motive Cases Retaliation Title VII

Recent Multi-Million Dollar Whistleblower Jury Awards — A Wake-Up Call For Employers

In what might be an unsettling trend for employers, juries in Philadelphia and Anchorage have recently issued multi-million dollar jury awards in favor of whistleblowers. Specifically, on March 22, 2013, a Philadelphia Common...more

4/16/2013 - Damages False Claims Act Jury Awards Protected Activity Whistleblower Protection Policies Whistleblowers

ARB Says Equitable Modification of SOX Statute of Limitations Saves Untimely Complaint

On March 29, 2013, the Department of Labor’s Administrative Review Board (“ARB”) ruled that a “standstill” agreement between an employer and employee that required both parties to provide notice before initiating legal...more

4/12/2013 - Administrative Review Board DOL Equitable Modification Sarbanes-Oxley Standstill Agreements Statute of Limitations

District of Colorado Expansively Construes Protected Activity Under Dodd-Frank, But Finds No Causation

The U.S. District Court for the District of Colorado followed a trend of decisions concluding that a plaintiff need not have provided the SEC with information regarding alleged federal securities law violations to pursue a...more

4/5/2013 - Dodd-Frank Hiring & Firing Protected Activity Retaliation SEC Termination Whistleblowers

Tyco Seeks En Banc Review of Controversial Third Circuit Wiest v. Lynch Decision

Tyco Electronics Corporation filed a Petition for Rehearing En Banc with the Third Circuit on April 2, 2013 asking the court to reconsider its March 19 decision in Wiest v. Lynch, No. 11-cv-4257, 2013 U.S. App. LEXIS 5345 (3d...more

4/4/2013 - Sarbanes-Oxley Tyco Whistleblowers Wiest v Lynch

Inside Counsel Quotes Proskauer’s Commentary on the Increasing Number of OSHA Complaints

In an article published in InsideCounsel, Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, lent his insight into recently released statistics showing a thirty-percent increase in the number of...more

4/4/2013 - OSHA Retaliation Whistleblowers

Retaliatory Discharge Under Illinois Law: “Public Policy” Strictly Interpreted Once Again

An Illinois state court of appeals recently held that the Cook County Department of Public Health (“Cook County”) was not liable for common law retaliatory discharge because plaintiff/appellant failed to identify a cognizable...more

3/28/2013 - Hiring & Firing Public Policy Retaliation Safety Precautions Termination Training

Third Circuit Lowers Bar For Determining Whether Internal Complaint Is SOX Protected Activity

In Wiest v. Lynch, No. 11-cv-4257, 2013 U.S. App. LEXIS 5345 (3d Cir. March 19, 2013), the Third Circuit gave Chevron deference to U.S. Department of Labor Administrative Review Board’s (ARB) interpretation of “protected...more

3/26/2013 - DOL Protected Activity Sarbanes-Oxley SEC Split of Authority Whistleblowers

Law360 Quotes Proskauer On Implications Of Third Circuit Decision Expanding SOX Whistleblower Protected Activity

In a recent Employment Law360 article (subscription required), Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, commented on the Third Circuit Court of Appeals’ decision in Wiest v. Lynch, No....more

3/21/2013 - Protected Activity Sarbanes-Oxley Whistleblowers Wiest v Lynch

Consumer Financial Protection Bureau Remains In Limbo

The authority and leadership of the Consumer Financial Protection Bureau (CFPB), a body created by Dodd-Frank to regulate consumer protection of financial products and services, continues to remain in limbo in the wake of the...more

3/19/2013 - Barack Obama Canning v NLRB CFPB Dodd-Frank NLRB Recess Appointments Richard Cordray

Amendment to NYC Human Rights Law Provides New Whistleblower Protections

On March 13, 2013, the New York City Council overrode Mayor Bloomberg’s veto of a new Local Law that amends the New York City Human Rights Law (“NYCHRL”) to prohibit discrimination against job applicants based on their...more

3/18/2013 - Local Ordinance NYCHRL Retaliation Whistleblowers

Second Circuit “Clarifies” SOX Burden-Shifting Framework

On March 5, 2013, the U.S. Court of Appeals for the Second Circuit “clarified” the burden-shifting framework for whistleblower claims brought under Section 806 of the Sarbanes-Oxley Act of 2002 (“SOX”), 18 U.S.C. § 1514A....more

3/7/2013 - Burden-Shifting DOL OSHA Sarbanes-Oxley Whistleblowers

Ninth Circuit Affirms Dismissal Of SOX Whistleblower Claim On Causation Grounds

In a brief but notable decision, the Ninth Circuit affirmed summary judgment in an employer’s favor on causation grounds in a SOX whistleblower retaliation case. Kim v. The Boeing Co., 487 Fed. Appx. 356 (9th Cir. 2012)....more

3/6/2013 - Adverse Employment Action Boeing Sarbanes-Oxley Whistleblowers

$28 Million Verdict Against Illinois Nursing Home Liable Under False Claims Act & Illinois Whistleblower Reward And Protection Act

On February 11, 2013, a jury in federal district court in Illinois found a nursing home operator (Company) liable under the False Claims Act and the Illinois Whistleblower Reward and Protection Act for fraudulent billing and...more

2/26/2013 - False Claims Act Nursing Homes Retaliation Whistleblower Protection Policies Worthless Services Claims

Senator Grassley’s Harsh Criticisms Of IRS Whistleblower Program Implementation

On January 28, 2013, in a letter to the Internal Revenue Service (IRS) and the U.S. Department of Treasury (Treasury), Senator Charles Grassley (R-IA), co-author of the 2006 updates to Section 7623 of the Internal Revenue...more

2/25/2013 - Charles Grassley IRS Whistleblowers

IRS Whistleblower Program: Payouts Rise in 2012

On February 13, 2013, the IRS issued its “Fiscal Year 2012 Report to the Congress on the Use of Section 7623,” as required by The Tax Relief and Health Care Act of 2006 (Act). The Act was established “to encourage people with...more

2/20/2013 - Fiscal Reports IRS Section 7623 Tax Relief & Welfare Act Whistleblowers

District Court Widens Split On Whether Complaints Of Alleged Future Misconduct Are Protected

The U.S. District Court for the Central District of California ruled that a SOX whistleblower complaint survived a Rule 12(b)(6) challenge on “reasonable belief” grounds and found that complaints of potential future...more

2/18/2013 - Board of Directors Corporate Bonuses Federal Rule 12(b)6) Fraud Internal Controls Playboy Potential Future Violations Retaliation Sarbanes-Oxley SEC Split of Authority Termination Whistleblowers

Proskauer Provides Insight Into a Potential Supreme Court Showdown Regarding the 2009 Amendments to the FCA

In an article (subscription required) published today in Law 360’s newsletters covering Appellate, Corporate, Government Contracts, Health, Life Sciences, and Public Policy matters, James Segroves, a member of Proskauer’s...more

1/30/2013 - False Claims Act

Compliance Week Quotes Proskauer’s Concerns and Guidance Regarding NDAA Whistleblower Provisions

In a recent Compliance Week article (subscription required), Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, commented on the National Defense Authorization Act for Fiscal Year 2013 (NDAA), which...more

1/30/2013 - Barack Obama Contractors DOD NASA NDAA Subcontractors Whistleblowers

OSHA Whistleblower Program: Record Number of Cases Filed & Resolved In 2012

OSHA recently released statistics (aggregated by BNA) showing dramatic increases in both the number of whistleblower cases filed with OSHA last year as well as the number of OSHA determinations....more

1/28/2013 - Dodd-Frank OSHA Sarbanes-Oxley Whistleblowers

Law 360 Quotes Proskauer Regarding Upcoming SOX Decisions

In a recent Employment Law 360 article (subscription required), Lloyd Chinn, co-head of Proskauer’s Whistleblowing & Retaliation Group, commented on upcoming decisions from the Tenth and Third Circuit Court of Appeals that...more

1/23/2013 - DOL Lockheed Martin Protected Activity Protected Concerted Activity Sarbanes-Oxley Whistleblowers

Law 360 Quotes Proskauer’s Concerns & Guidance Regarding NDAA Whistleblower Rules

In an Employment Law 360 article (subscription required) today, Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, commented on the ramifications of the passage of the National Defense Authorization...more

1/9/2013 - Contractors NDAA Subcontractors Vagueness Whistleblowers

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