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A Review of Recent Whistleblower Developments

In a ground-breaking decision, on March 4, 2014, the United States Supreme Court held in Lawson v. FMR LLC, 571 U.S. __ Case 12-3 (Mar. 4, 2014), that §1514A of the Sarbanes-Oxley Act of 2002 provides a right of action for...more

International Employment Law Review - March 2014 - Issue 5

Welcome to the latest edition of the International Employment Law Review, presented by Dechert’s Labor and Employment Practice. In this issue, we examine the most significant employment law developments in Belgium, England...more

A More Perfect Union: Why Punish Russia for Crimea? [Video]

Mar. 25, 2014 -- Robert Blecker, constitutional history professor at New York Law School and author of The Death of Punishment, talks about Crimea's recent secession from Ukraine and subsequent annexation by Russia. Blecker...more

Employment Law - Mar 05, 2014

Time To Review Severance Agreements - Why it matters: The Equal Employment Opportunity Commission filed a complaint against CVS Pharmacy last week. The Illinois federal court suit claims the national chain violated...more

Can SOX Go Overseas? The Debate Continues

The continuing controversy over whether retaliation claims under the Sarbanes-Oxley Act ("SOX") cover activities outside the United States continues to play out in the courts and administrative bodies. The two leading cases...more

International Forum Selection Clause Enforceable Against Employee, Says The Second Circuit

Martinez v. Bloomberg, LP, No. 12-3654 (2d Cir. Jan. 14, 2014): The Second Circuit confirmed that international forum selection and choice of law clauses in cross-border employment agreements are enforceable. Here, a former...more

Dodd-Frank Whistleblower Protection: For America Only

The U.S. District Court for the Southern District of New York has held that the whistleblower protection provisions of the Dodd-Frank Act do not apply outside the United States, even where the employee alleged he was...more

New Case Demonstrates the Importance of Forum Selection Clauses

On November 4, 2013, the U.S. District Court for the Northern District of California denied a motion filed by a company to dismiss a lawsuit brought by a former Libya-based employee. This decision ended the company's...more

District Court Holds Anti-Retaliation Provision of Dodd-Frank Act Does Not Apply in Case Virtually Lacking Any U.S. Connections

A recent decision in the United States District Court for the Southern District of New York has reinforced the United States Supreme Court’s jurisprudence on the extraterritorial application of federal statutes....more

New York Court Declines To Find Extraterritorial Reach Of Dodd-Frank Whistleblower Protection

Liu v. Siemens A.G., No. 13-CV-317(WHP) (S.D.N.Y. Oct. 21, 2013) (Pauley, J.): Judge William H. Pauley III dismissed a retaliation claim under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank)...more

Southern District of New York Limits Dodd-Frank Whistleblower Protections to the United States

The US District Court for the Southern District of New York limited the scope of the Dodd-Frank Wall Street Reform and Consumer Protection Act anti-retaliation provisions for whistleblowers to the United States, dismissing a...more

There She Blows!: Another Court Rules Against Extraterritorial Application of Whistleblower Protections

Last week, whistleblowers reporting potential violations occurring outside of the United States again found themselves on the outside looking in at protections afforded to domestic whistleblowers when the Southern District of...more

Siemens Prevails In Whistleblower Challenge – Demonstrates The Importance Of Internal Reporting

This week, Siemens won a rare courtroom victory when a federal judge ruled that a former employee could not sue the company for wrongful termination under Dodd-Frank’s whistleblower provisions. The case was dismissed when the...more

Legal Alert: Southern District of New York Rejects Extraterritorial Application of Dodd-Frank’s Whistleblower Anti-Retaliation...

Over the past three years, federal courts have confronted a number of unsettled questions raised by the whistleblower provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. The latest development...more

Dodd-Frank Retaliation Cases Continue To Be a Mixed Bag For Companies

Two new Dodd-Frank decisions over the last week contain mixed results for employers. In Liu v. Siemens A.G., Judge Pauley in the Southern District of New York held that Dodd-Frank’s anti-retaliation provision does not...more

SDNY Says No Extraterritorial Application For Dodd-Frank Anti-Retaliation Provision

In Liu v. Siemens A.G., No. 13 Civ. 317 (WHP), slip op. (S.D.N.Y. Oct. 21, 2013), the U.S. District Court for the Southern District of New York held that the anti-retaliation protections found in Section 922 of the Dodd-Frank...more

CIS Legal Update - September 2013: Notable Developments in Russian Employment Law

Significant New Amendments to the Russian Labor Code - During the first half of 2013, a number of amendments were introduced into the Russian Labor Code. These amendments relate to remote employment, production...more

ATS of the North? Canadian Court Allows Suit to Continue for Human Rights Abuses Committed Abroad

The Superior Court of Justice of Ontario’s recent ruling in the matters of Choc v. Hudbay Minerals Inc., Caal Caal v. Hudbay Minerals Inc., and German Chub Choc v. Hudbay Minerals has signaled a willingness by Canadian courts...more

A Warning for Canadian Corporations with Foreign Subsidiaries

On July 22, 2013, the Ontario Superior Court of Justice handed down its highly anticipated decision in Choc v Hudbay Minerals Inc., 2013 ONSC 1414. Hudbay serves as a significant warning for Canadian corporations operating in...more

Ontario Court Gives Green Light to International Human Rights Tort Claims in Choc v. Hudbay Minerals Inc.

In a precedent-setting decision that could have important implications for Canadian companies with foreign operations, the Ontario Superior Court of Justice has allowed a lawsuit against Hudbay Minerals Inc. to proceed to...more

Whistleblower Law Developments

On July 17, 2013, the Fifth Circuit issued the first circuit court decision interpreting Dodd-Frank’s anti-retaliation provision....more

Fifth Circuit Defines “Whistleblower” Narrowly Under Dodd-Frank

On July 17, 2013, the Fifth Circuit issued the first circuit court decision interpreting Dodd-Frank’s anti-retaliation provision. In Asadi v. G.E. Energy (USA), L.L.C., the Fifth Circuit held that, to be protected under...more

“Supreme Court Limits ATS Litigation—But Door Remains Slightly Ajar”

In Kiobel v. Royal Dutch Petroleum Co., 133 S.Ct. 1659 (2013), the United States Supreme Court addressed the applicability of the Alien Tort Statute (“ATS”) to alleged violations of international law committed by...more

Melvin J. Howard v. Maximus, Inc., Steve Kitcher, and Joanne Platt

How to collude and derail a NAFTA dispute with the Government of Canada.

Maxiums, Inc. through its wholly owned Canadian subsidiaries Maxiums Canada Inc. and Themis Program Management Consulting Ltd. is legally responsible for the damages caused. I will not only show instrumentality and an...more

What Might Liability under the ATS Look Like Post-Kiobel?: The Example of Private Contractors

Following the Supreme Court’s decision in Kiobel v. Royal Dutch Petroleum a number of questions remain as to whether corporations may be held liable under the Alien Tort Statute (“ATS”) for serious violations of human rights....more

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