Rachel Fischer

Rachel Fischer

Proskauer Rose LLP


Latest Publications

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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

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

OSHA Issues Stiff Penalties To Railroad Company In FRSA Whistleblower Matters

OSHA recently announced that it ordered Norfolk Southern Railway (Company) to pay three former workers a combined $1,121,099 for violating the whistleblower provisions of the Federal Railroad Safety Act (FRSA), which protects...more

3/7/2013 - Federal Railroad Safety Act OSHA Railways Safety Precautions 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

Employers Taking Stand Against Allegedly Frivolous Whistleblower Claims

Employers who believe they have been subjected to frivolous whistleblower suits are starting to say “enough is enough,” and searching for ways to vindicate their rights and send a strong message....more

2/8/2013 - Whistleblowers

2012 EEOC Year in Review – Retaliation Charges Continue to Rise

According to a recently released report, the EEOC received more retaliation charges in 2102 than in any prior year. And, in 2012, it received more retaliation charges than in any other individual category....more

1/29/2013 - EEOC Retaliation Whistleblowers

District Court Requires SOX Plaintiff To Assert Shareholder Fraud, Consistent with Statute’s Purpose

The U.S. District Court for the District of North Carolina recently dismissed a plaintiff’s Sarbanes-Oxley whistleblower complaint on the ground that the plaintiff had not alleged shareholder fraud....more

1/18/2013 - Dismissals Dodd-Frank Fraud Sarbanes-Oxley Shareholders Whistleblowers

Whats A Protected Complaint Under The FLSA’s Anti-Retaliation Provision?

On December 26, 2012, the Eleventh Circuit issued a ruling that strengthens defenses to “protected activity” in FLSA retaliation actions. Miller v. Roche Surety & Casualty Co., Inc., No. 12-cv-10259 (11th Cir. Dec. 26, 2012)...more

1/4/2013 - Anti-Retaliation Provisions Breastfeeding FLSA Retaliation

Key Indicia Of Retaliation In FLSA Action

The U.S. Court of Appeals for the Seventh Circuit recently denied an employer’s motion for summary judgment in a closely watched FLSA retaliation case based on circumstantial evidence of a causal nexus between protected...more

12/18/2012 - Adverse Employment Action Anti-Retaliation Provisions FLSA Protected Concerted Activity Retaliation

SEC Whistleblower Chief: Companies and Their Lawyers Should Not Impede Whistleblowing

In a recent interview with The American Lawyer, Sean McKessey, Chief of the SEC’s Office of the Whistleblower since February 2011, cautioned employers about dissuading potential whistleblowers from complaining to the SEC....more

12/12/2012 - Dodd-Frank SEC Whistleblowers

SEC Annual Report: Thousands of Tips, One Award & Minimal Transparency

In its Annual Report on the Dodd-Frank Whistleblower Program (Report), the SEC has revealed that it has received 3,001 tips during its 2012 fiscal year (the first year of this program), and it paid out its first award to a...more

11/21/2012 - Dodd-Frank Fraud Sanctions SEC Transparency Whistleblowers

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