Steven J. Pearlman

Steven J. Pearlman

Proskauer Rose LLP

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OSHA Releases Interim Dodd-Frank Whistleblower Regulations

OSHA recently released the interim final text of regulations implementing the whistleblower protection provision (Section 1057) in Dodd-Frank. The interim final regulations establish the timing and processes for handling...more

4/14/2014 - Administrative Review Board ALJ Dodd-Frank DOL OSHA Retaliation Sarbanes-Oxley Whistleblower Protection Policies

Texas Federal Court Gives SOX Whistleblower Another Big Bite At The Apple

The U.S. District Court for the Northern District of Texas recently ruled that a plaintiff had the right to a de novo review of her SOX whistleblower claims in federal district court even though she had already participated...more

10/7/2013 - DOL Sarbanes-Oxley 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

ARB Says Equitable Modification of SOX Statute of Limitations Saves Untimely Complaint

On March 29, 2013, the Department of Labor’s Administrative Review Board (“ARB”) ruled that a “standstill” agreement between an employer and employee that required both parties to provide notice before initiating legal...more

4/12/2013 - Administrative Review Board DOL Equitable Modification Sarbanes-Oxley Standstill Agreements Statute of Limitations

Third Circuit Lowers Bar For Determining Whether Internal Complaint Is SOX Protected Activity

In Wiest v. Lynch, No. 11-cv-4257, 2013 U.S. App. LEXIS 5345 (3d Cir. March 19, 2013), the Third Circuit gave Chevron deference to U.S. Department of Labor Administrative Review Board’s (ARB) interpretation of “protected...more

3/26/2013 - DOL Protected Activity Sarbanes-Oxley SEC Split of Authority Whistleblowers

District of Idaho: Federal District Courts Lack Jurisdiction to Enforce Preliminary Reinstatement Order

The stakes increase and the landscape changes tremendously in a whistleblower case when the Secretary of Labor (Secretary) issues a preliminary reinstatement order....more

2/6/2013 - DOL Federal Railroad Safety Act Jurisdiction OSHA Reinstatement Retaliation Sarbanes-Oxley Whistleblowers

ARB Says “Convenience Leave” Letter Does Not Trigger SOX Statute of Limitations

On August 31, 2012, the Administrative Review Board (ARB) of the U.S. Department of Labor (DOL) liberally interpreted the standard governing when the SOX statute of limitations clock starts ticking, ruling that a letter...more

11/19/2012 - DOL Statute of Limitations Whistleblowers

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