Harris M. Mufson at Proskauer Rose LLP

Law360 Quotes Lloyd Chinn on Tenth Circuit’s Broad Interpretation of SOX Protected Activity

In a recent Law360 article (subscription required), Lloyd Chinn, Co-head of Proskauer’s Whistleblower & Retaliation Group, commented on the Tenth Circuit Court of Appeal’s recent decision in Lockheed Martin Corp. v. Dep’t of...more

6/10/2013 - Fraud Sarbanes-Oxley Whistleblowers

OSHA Reinstates ERA Whistleblower And Issues Daunting Preliminary Order

On May 15, 2013, OSHA determined that Enercon Services Inc. (Company), an engineering firm that provides nuclear power facilities with engineering support services, violated the whistleblower provisions of the Energy...more

5/29/2013 - Energy Reorganization Act Engineering OSHA Protected Activity Safety Violations Whistleblowers

Law360 Quotes Lloyd Chinn on the U.S. Supreme Court’s Granting of Certiorari in Lawson

In a Law360 article (subscription required) today, Lloyd Chinn, Co-head of Proskauer’s Whistleblower & Retaliation Group, commented on the U.S. Supreme Court’s decision to hear its first-ever whistleblower case under the...more

5/22/2013 - Certiorari Lawson Lawson v FMR Sarbanes-Oxley SCOTUS Whistleblowers

U.S. Supreme Court to Decide Whether SOX’s Whistleblower Provision Protects Employees of Publicly Traded Company’s Contractors

On May 20, 2013, the United States Supreme Court granted a petition for a writ of certiorari to review the United States Court of Appeals for the First Circuit’s decision holding that SOX’s whistleblower protection does not...more

5/21/2013 - Contractors OSHA Publicly-Traded Companies Retaliation SCOTUS Whistleblowers

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

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Harris M. Mufson

Proskauer Rose LLP

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