Michael Graham

Michael Graham

Proskauer Rose LLP

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OSHA Orders Company to Pay SOX Whistleblower Back Wages

According to its recent press release, OSHA issued a preliminary order requiring SpongeTech Delivery Systems, Inc. of New York (Company), a cleaning product company, to pay a complainant $31,835.33 in back wages based on its...more

6/19/2014 - Back Pay OSHA Sarbanes-Oxley Whistleblower Awards Whistleblowers

First SEC Whistleblower Bounty Award of 2014

On June 3, 2014, the SEC issued an order that awarded two whistleblowers $437,500 each pursuant to Rule 21F of the Securities Exchange Act. This Order marks the SEC’s first award of 2014, and eighth award since the program...more

6/9/2014 - Rule 21F SEC Whistleblower Awards Whistleblowers

Another Bite At the Apple? OSHA to Notify Untimely OSH Act Whistleblowers of Potential NLRB Claims

The NLRB Office of the General Counsel recently issued a memorandum stating that the NLRB entered into a “referral agreement” with OSHA, which requires OSHA to inform whistleblowers that certain untimely filed retaliation...more

6/2/2014 - Filing Deadlines NLRB OSHA Retaliation Whistleblowers

ARB: No SOX Whistleblower Liability Where Termination Of In-House Counsel Was Based On Insubordination

The ARB recently affirmed an ALJ’s decision that American Commercial Lines Inc. (the “Company”) did not violate the whistleblower protection provision in Section 806 of SOX where the Company demonstrated by clear and...more

1/16/2014 - Corporate Counsel Insubordination Policy Sarbanes-Oxley Termination Whistleblowers

What’s The State Of The CFTC Whistleblower Program?

The SEC’s whistleblower program has received tremendous attention, but let’s not forget about the Commodity Futures Trading Commission’s (CFTC) whistleblower program, which also was created by Dodd-Frank. A recent article...more

10/29/2013 - CFTC Compliance Dodd-Frank SEC Whistleblower Protection Policies Whistleblowers

DoL (Yes, The DoL!) Pays Big Settlement In Whistleblower Case

Earlier this month, the U.S. Department of Labor (DoL) settled a whistleblower claim brought by Robert Whitmore, a former DoL recordkeeping official, for $820,000....more

7/2/2013 - Compliance DOL EEO Merits Systems Protection Board Public Disclosure Recordkeeping Requirements Settlement Whistleblowers Workplace Injury

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

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

OSHA Penalizes Another Railroad Company In Whistleblower Action

On February 28, 2013, OSHA ordered Union Pacific Railroad (UP) to reinstate the employment of and pay over $309,000 ($150,000 in punitive damages, $87,600 in compensatory damages, $71,700 in back pay with interest, plus...more

3/25/2013 - Attorney's Fees Damages Federal Railroad Safety Act OSHA Punitive Damages Safety Precautions Whistleblowers Workplace Injury

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

OIG Report On SEC Whistleblower Program: Praise, Suggestions & Conclusion That Private Right Of Action Would Be Premature

On January 18, 2013, the Securities and Exchange Commission’s (SEC) Office of Inspector General (OIG) released its report titled Evaluation of the SEC’s Whistleblower Program. The report presented a largely positive review of...more

2/6/2013 - OIG Private Right of Action SEC Whistleblower Protection Policies Whistleblowers

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