Steven J. Pearlman

Steven J. Pearlman

Proskauer Rose LLP

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3d Cir.: Dodd-Frank Anti-Arbitration Provisions Do Not Apply To Dodd-Frank Whistleblower Retaliation Claims

On December 8, 2014, the Third Circuit ruled that Dodd-Frank’s anti-arbitration provisions do not invalidate pre-dispute arbitration agreements with respect to whistleblower retaliation claims brought pursuant to the...more

12/15/2014 - Adverse Employment Action Arbitration Dodd-Frank Employer Liability Issues Retaliation TD Ameritrade Whistleblowers

Cal. App. Court Finds in Favor of “Whistleblower” Who Never Blew the Whistle

In Diego v. Pilgrim United Church of Christ, — Cal.Rptr.3d —-, 2014 WL 6602601 (Cal. App. 4 Dist.), the California Court of Appeal determined that Cecilia Diego (Plaintiff) could pursue a common law public policy retaliation...more

12/11/2014 - Adverse Employment Action Churches Corporate Counsel Employer Liability Issues Public Policy Retaliation Whistleblower Protection Policies Whistleblowers Wrongful Termination

5th Circuit: Outing Whistleblower Equals Adverse Action

On November 12, 2014, in Halliburton, Inc. v. Admin. Review Bd., 5th Cir. No. 13-cv-60323, the Fifth Circuit affirmed an ARB’s decision that disclosing the identity of a whistleblower may constitute an “adverse action” under...more

11/18/2014 - Administrative Review Board Adverse Employment Action Corporate Counsel Employer Liability Issues Halliburton Litigation Hold Sarbanes-Oxley Whistleblowers

Another Hefty OSHA Whistleblower Award + Reinstatement

On September 26, 2014, OSHA issued a preliminary order that an Illinois employer, Stericycle Inc. (the Company), reinstate and pay $262,000 to a supervisor who was discharged after allegedly reporting safety concerns to...more

10/3/2014 - Adverse Employment Action Consent Order Employer Liability Issues OSHA Reinstatement Retaliation Surface Transportation Whistleblower Awards Whistleblowers Workplace Hazards

Nebraska District Court: Employee’s Disclosures To FINRA Make Her A Dodd-Frank Whistleblower

In a first-impression decision, the U.S. District Court for the District of Nebraska recently ruled that an employee who disclosed information about potential securities law violations to FINRA may qualify as a...more

6/3/2014 - Adverse Employment Action Dodd-Frank FINRA Hiring & Firing Retaliation SEC Securities Whistleblowers

4th Circuit: SOX Whistleblower Failed To Establish A Prima Facie Case Regarding Causation

On May 12, 2014, the Fourth Circuit Court of Appeals affirmed summary judgment on a SOX whistleblower claim, concluding that the whistleblowers’ alleged protected activity was not a “contributing factor” in the challenged...more

5/16/2014 - Adverse Employment Action Causation Sarbanes-Oxley Whistleblower Protection Policies Whistleblowers

District Court Denies Summary Judgment On Internal Audit/SOX Administrator’s Whistleblower Claim

In denying a bank’s bid for summary judgment on an Internal Audit and SOX Administrator’s SOX whistleblower claim, the U.S. District Court for the Western District of Washington highlighted the present conflict on the...more

1/20/2014 - Adverse Employment Action Audits Banking Sector Fraud Internal Audit Functions Protected Activity 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

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

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