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E.D. Pennsylvania Limits Protected Activity Under SOX

In Westawski v. Merck & Co., No. 14-cv-3239 (E.D. Pa. Oct. 18, 2016), the Eastern District of Pennsylvania granted Defendant Merck & Co. (Company) summary judgment on Plaintiff Joni Westawski’s (Plaintiff) SOX whistleblower...more

E.D. Kentucky Dismisses SOX and Dodd-Frank Whistleblower Counter-Claims

On March 17, 2016, the Eastern District of Kentucky dismissed whistleblower counter-claims against Allstate Insurance Company (“Company”), ruling that Defendant Kevin Keefe’s (“Plaintiff”) SOX claim was untimely and that his...more

OSHA Releases Final Dodd-Frank Whistleblower Regulations

OSHA recently released its final rule implementing the whistleblower provisions of the Consumer Financial Protection Act of 2010 (“CFPA”).  The following are the key features of the rule...more

ARB Broadly Interprets Adverse Action Once Again

On November 24, 2015, the ARB adopted an expansive interpretation of what constitutes an adverse action for claims asserted under the Federal Railroad Safety Act of 1982 (FRSA), holding that a reduced performance rating with...more

E.D.N.Y Denies Motion For Summary Judgment In FCA Retaliation Case Based On Finding Of Pretext

The U.S. District Court for the Eastern District of New York recently found that two former employees of Eihab Human Services (Company) raised a genuine issue of material fact as to whether they were discharged in retaliation...more

ARB Issues Impactful Decision On Whistleblower Retaliation Causation Standard

The ARB recently addressed the standard for proving that protected activity was a “contributing factor” in adverse employment actions. It concluded that evidence showing that an employer would have made the same adverse...more

Closely Watched Weist SOX Whistleblower Case Dismissed

The Eastern District of Pennsylvania recently ruled that an employee’s SOX whistleblower retaliation claim failed as a matter of law because no causal connection existed between his complaints and termination and the employer...more

Washington Jury Awards “Perceived” Whistleblower $1 Million

In a jury verdict issued on March 26, 2015, a supervisor for the nation’s largest ferry system was awarded $1 million because the jury concluded that his employer demoted him as an act of retaliation in violation of the...more

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

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

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

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

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

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

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

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

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

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