Steven J. Pearlman

Steven J. Pearlman

Proskauer Rose LLP

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Latest Posts › Protected Activity


ARB Rejects CFPA Whistleblower Claim On Protected Activity Grounds

On November 6, 2015, the DOL’s Administrative Review Board affirmed the dismissal of Consumer Financial Protection Act (“CFPA”) whistleblower claims of a terminated mortgage broker, concluding that the complainant did not...more

11/13/2015 - Administrative Review Board CFPA DOL Mortgage Brokers Protected Activity Termination Whistleblowers

N.D. Ill. Expands Definition of Protected Activity Under Ill. Whistleblower Act

On October 29, 2015, the Northern District of Illinois concluded that an employee who called police regarding suspected shoplifting—in violation of company policy—succeeded in proving a claim under the Illinois Whistleblower...more

11/10/2015 - Anti-Retaliation Provisions Protected Activity Termination Third-Party Whistleblowers

Cal. App. Court Finds in Favor of Whistleblower Who Never Complained of Unlawful Conduct by the Employer

In Cardenas v. M. Fanaian, D.D.S., Inc., Case No. F069305 (Cal. App. 5 Dist.), a California Court of Appeal determined that Plaintiff Cardenas could pursue a California Labor Code Section 1102.5 retaliation claim against her...more

10/30/2015 - Damages Disclosure Employee Rights Employer Liability Issues Labor Code Law Enforcement Popular Protected Activity Public Policy Retaliation Termination Theft Whistleblower Protection Policies Whistleblowers Wrongful Termination

ARB Rules That Secret Recording of Workplace Conversations Can Be Protected Whistleblowing Activity

On September 28, 2015, the U.S. Department of Labor Administrative Review Board (“ARB”) held that the recording of workplace conversations can be protected whistleblower activity under the Energy Reorganization Act of 1974...more

10/13/2015 - Administrative Review Board Anti-Retaliation Provisions Audio Recording Consent DOE DOL Employee Handbooks Energy Reorganization Act Insubordination Policy Protected Activity Tape Recordings Termination Whistleblowers Workplace Communication

N.D. Illinois Grants Summary Judgment Against SOX Whistleblower

On August 26, 2015, the U.S. District Court for the Northern District of Illinois granted summary judgment on a whistleblower retaliation claim under Section 806 of SOX, holding that Plaintiff Ivor Hill failed to establish a...more

9/16/2015 - Anti-Retaliation Provisions Compliance Commitees Hiring & Firing Internal Investigations Protected Activity Retaliation Sarbanes-Oxley Termination Whistleblower Protection Policies Whistleblowers

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

8/13/2015 - Adverse Employment Action Anti-Retaliation Provisions Disclosure False Claims Act (FCA) Healthcare Fraud Medicaid Motion for Summary Judgment Pretext Protected Activity Retaliation State False Claims Acts Whistleblower Protection Policies Whistleblowers Wrongful Termination

6th Circuit Reverses Itself, Abandons “Definitively and Specifically” Standard For SOX Whistleblower Protected Activity

On May 28, 2015, the Sixth Circuit Court of Appeals ruled that an employee who reports allegedly fraudulent conduct engages in protected activity under SOX where he or she has a reasonable belief that the activity reported is...more

6/11/2015 - Appeals Causation Hiring & Firing Protected Activity Retaliation Sarbanes-Oxley US Bancorp Whistleblowers

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

4/30/2015 - Administrative Review Board Adverse Employment Action OSHA Protected Activity Retaliation Whistleblower Protection Policies

SOX Claim Dismissed: Rejection of IP Assignment Clause Not Protected Activity

The U.S. District Court for the Northern District of Illinois recently granted a Rule 12(b)(6) motion to dismiss a SOX whistleblower retaliation claim, concluding that the plaintiff did not engage in protected activity. Fuqua...more

8/8/2014 - Fraud Protected Activity Sarbanes-Oxley Shareholders 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

S.D.N.Y. Dismisses SOX Whistleblower Case, Applying Strict Protected Activity Standard And Finding No Causation

On December 12, 2013, the U.S. District Court for the Southern District of New York granted an employer summary judgment on a long-running SOX whistleblower claim. Sharkey v. J.P. Morgan Chase & Co., No. 10-cv-3824 (S.D.N.Y....more

12/17/2013 - Hiring & Firing JPMorgan Chase Protected Activity Sarbanes-Oxley Termination Whistleblowers

OSHA Reinstates ERA Whistleblower And Issues Daunting Preliminary Order

On May 15, 2013, OSHA determined that Enercon Services Inc. (Company), an engineering firm that provides nuclear power facilities with engineering support services, violated the whistleblower provisions of the Energy...more

5/29/2013 - Energy Reorganization Act Engineering OSHA Protected Activity Safety Violations Whistleblowers

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 (FCA) Jury Awards Protected Activity Whistleblower Protection Policies Whistleblowers

District of Colorado Expansively Construes Protected Activity Under Dodd-Frank, But Finds No Causation

The U.S. District Court for the District of Colorado followed a trend of decisions concluding that a plaintiff need not have provided the SEC with information regarding alleged federal securities law violations to pursue a...more

4/5/2013 - Dodd-Frank Hiring & Firing Protected Activity Retaliation SEC Termination Whistleblowers

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

Political Affiliation & Protected Speech Retaliation – Sixth Circuit Widens Circuit Split

The Sixth Circuit recently held that Michigan state employees could base First Amendment political-affiliation and protected-speech retaliation claims on their perceived political affiliations, even absent actual affiliations...more

1/15/2013 - First Amendment Free Speech Hiring & Firing Political Expression Protected Activity Retaliation

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