On December 17, 2020, the Administrative Review Board (“ARB”) of the U.S. Department of Labor affirmed the dismissal of a former employee’s whistleblower retaliation claim under Section 806 of SOX. The ARB concluded that the...more
On June 15, 2020, Senator Kamala Harris and Representatives Jackie Speier and Jamie Raskin introduced the COVID-19 Whistleblower Protection Act (the “Act”), which seeks to provide protections for employees who blow the...more
6/18/2020
/ Anti-Retaliation Provisions ,
Arbitration Agreements ,
CARES Act ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Paycheck Protection Program and Health Care Enhancement Act ,
Proposed Legislation ,
Protected Activity ,
Whistleblower Protection Policies ,
Whistleblowers
On October 31, 2019, the ARB held that an employee who merely “hints” that he or she intends to file a whistleblower complaint has not engaged in protected activity sufficient to invoke the whistleblower protection provision...more
On June 13, 2019, the Fourth Circuit overturned the ARB’s decision in favor of a complainant, ruling that the plaintiff had not engaged in protected activity under the SOX whistleblower protection provision by complaining of...more
7/22/2019
/ Administrative Law Judge (ALJ) ,
Conflicts of Interest ,
Mandatory Arbitration Clauses ,
OSHA ,
Protected Activity ,
Protected Concerted Activity ,
Remand ,
Sarbanes-Oxley ,
Vacated ,
Whistleblower Protection Policies ,
Whistleblowers
On April 2, 2019, the U.S. District Court for the Northern District of Alabama denied a defendant-employer’s motion for summary judgment on a SOX whistleblower retaliation claim, finding genuine issues of material fact...more
On October 2, 2018, the U.S. District Court for the Western District of Pennsylvania federal court denied a Rule 12(b)(6) motion to dismiss a SOX whistleblower retaliation claim, reasoning that Plaintiff sufficiently alleged...more
10/15/2018
/ Corporate Counsel ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Employer Liability Issues ,
Federal Rule 12(b)(6) ,
Motion to Dismiss ,
Protected Activity ,
Retaliation ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Termination ,
Whistleblowers
The ARB recently affirmed a motion for summary decision against a Complainant claiming retaliatory discharge under SOX, finding that he failed to demonstrate that he engaged in protected activity and that the Company would...more
On February 22, 2018, the Tenth Circuit Court of Appeals reversed a district court’s grant of summary judgment against a Plaintiff who claimed that his employment was terminated in violation of the SOX whistleblower...more
3/1/2018
/ Chevron Deference ,
Department of Labor (DOL) ,
Email ,
Hiring & Firing ,
Insider Trading ,
Protected Activity ,
Reporting Requirements ,
Reversal ,
Sarbanes-Oxley ,
Summary Judgment ,
Whistleblower Protection Policies ,
Whistleblowers
On February 12, 2018, the United States District Court for the Northern District of Mississippi recently denied a motion for summary judgment in a SOX whistleblower claim where the defendant company alleged that it terminated...more
On February 5, 2018, U.S. District Court for the Southern District of New York granted Defendant Khan Funds Management America, Inc.’s Rule 12(b)(6) motion to dismiss a whistleblower retaliation claim under Dodd-Frank on the...more
The Southern District of Florida recently held that to establish a prima facie case under the Florida Private Whistleblower Act (FWA), § 448.102(3), Fla. Stat., a plaintiff must show an actual violation of a law, rule or...more
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
10/31/2016
/ Adverse Employment Action ,
Anti-Retaliation Provisions ,
Dodd-Frank ,
Fraud ,
Hiring & Firing ,
Internal Controls ,
Mail Fraud ,
Market Research ,
Merck ,
Protected Activity ,
Retaliation ,
Sarbanes-Oxley ,
Securities ,
Securities Fraud ,
Securities Violations ,
Summary Judgment ,
Termination ,
Whistleblower Protection Policies ,
Whistleblowers ,
Wire Fraud
On August 25, 2016, the Eastern District of Wisconsin granted the Defendant’s Motion for Summary Judgment on its former CEO’s SOX whistleblower claim. The court ruled that Plaintiff’s complaint to the Board of Directors did...more
On June 22, 2016, Judge Daniels of the Southern District of New York dismissed SOX and Dodd-Frank whistleblower claims, ruling that Plaintiff’s alleged internal complaints did not constitute protected activity, as they did...more
6/29/2016
/ Conflicts of Interest ,
Corporate Counsel ,
Dismissals ,
Dodd-Frank ,
Employee Transfers ,
Federal Rule 12(b)(6) ,
Internal Reporting ,
Protected Activity ,
Retaliation ,
Sarbanes-Oxley ,
Securities Violations ,
Whistleblowers
On May 20, 2016, the Fourth Circuit affirmed the decision of the ARB, finding that a former employee of Deltek, Inc. (Company) was retaliated against in violation of Section 806 of SOX and entitled to four years’ worth of...more
5/24/2016
/ Administrative Law Judge (ALJ) ,
Administrative Review Board ,
Corporate Counsel ,
Department of Labor (DOL) ,
Front Pay ,
Protected Activity ,
Retaliation ,
Sarbanes-Oxley ,
Termination ,
Whistleblower Awards ,
Whistleblowers
The ARB recently concluded that a former program manager was entitled to recover more than $250,000 in back pay and benefits under Section 806 of SOX based on his discipline and constructive discharge. The ARB clarified that...more
4/15/2016
/ Administrative Law Judge (ALJ) ,
Administrative Review Board ,
Back Pay ,
Constructive Discharge ,
Discipline ,
Fraud ,
Material Misrepresentation ,
Protected Activity ,
Retaliation ,
Sarbanes-Oxley ,
Wage Deductions ,
Whistleblower Protection Policies ,
Whistleblowers
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
3/23/2016
/ Administrative Law Judge (ALJ) ,
Administrative Review Board ,
Adverse Employment Action ,
Complaint Procedures ,
Corporate Counsel ,
Department of Labor (DOL) ,
Dodd-Frank ,
OSHA ,
Protected Activity ,
Retaliation ,
Whistleblower Protection Policies
On February 18, 2016, the ARB dismissed a former employee’s whistleblower retaliation claim under Section 806 of SOX, concluding that he failed to show that his protected activity contributed to the decision to terminate his...more
On February 12, 2016, the Ninth Circuit rejected a former maintenance manger’s whistleblower retaliation claims under the Energy Reorganization Act, 42 U.S.C. § 5851 (“ERA”), concluding that he failed to engage in in a...more
On February 2, 2016, the Third Circuit affirmed the dismissal of the SOX whistleblower retaliation claim in the closely watched case of Weist v. Tyco Electronics Corp., No. 15-2034. We have posted on key events during the...more
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
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
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
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 ,
Department of Energy (DOE) ,
Department of Labor (DOL) ,
Employee Handbooks ,
Energy Reorganization Act ,
Insubordination Policy ,
Protected Activity ,
Tape Recordings ,
Termination ,
Whistleblowers ,
Workplace Communication
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