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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

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

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

Illinois Whistleblower Act: Employee Need Not Be Original Source To Have An Actionable “Disclosure”

An Illinois Appellate Court recently found that the Illinois Whistleblower Protection Act (740 ILCS § 174/1, et seq.) (IWA) does not require that the employee’s disclosure is the first, or only, disclosure of a violation of a...more

3/5/2013 - Adverse Employment Action Disclosure 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

Jury Awards $960,000 In First Trial Under New Mexico Whistleblower Law

On January 18, 2013, a former New Mexico Public Regulation Commission (PRC) employee prevailed in the first case to reach trial under the state’s Whistleblower Protection Act (NMWPA)....more

1/28/2013 - Corruption Hiring & Firing Retaliation Whistleblower Protection Policies Whistleblowers

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