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UK Employment Law and Share Incentive Developments - Spring 2014

Changes to LLP member taxation and employee incentive schemes could have wide ranging implications for UK employers. Background – As always 6 April means a new UK tax year and a raft of employment and...more

Supreme Court Expands Scope of Sarbanes-Oxley Whistleblower Protections

The Issue: My company is not publicly traded, but provides services to companies that are. Do Sarbanes-Oxley whistleblower protections extend to our employees? The Solution: Yes. Analysis: Enacted in the wake of...more

Senator Grassley Announces the Creation of a Congressional Whistleblower Caucus

Last week, we provided an update on Senator Chuck Grassley’s (R-IA) efforts to strengthen the IRS Whistleblower Program and expedite the processing of IRS Whistleblower claims. Now, Senator Grassley – a longtime advocate for...more

U.S. Supreme Court Rules That Employees Of Private Contractors Of Public Companies Are Covered By SOX Whistleblower Protections

In Lawson v. FMR, LLC, the U.S. Supreme Court held that the whistleblower protections established in the Sarbanes-Oxley Act of 2002 (SOX) cover employees of a public company's private contractors and subcontractors, reversing...more

SCOTUS Ruling Increases Private Company Risk – Imminent Need for Business Ethics Training

In an important ruling on March 4, the Supreme Court expanded the whistleblower protections outlined in the Sarbanes-Oxley Act (SOX). Originally only applied to whistleblowers at public companies, the Justices decided in a...more

Supreme Court Expands Scope of Sarbanes-Oxley Whistleblower Protections

The Issue: My company is not publicly traded, but provides services to companies that are. Do Sarbanes-Oxley whistleblower protections extend to our employees? The Solution: Yes. ...more

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

Lawson and Doral Expand Whistleblower Protections

Two recent decisions interpreting the Sarbanes-Oxley Act have significantly expanded the protections available for federal whistleblowers and increase the potential liability for public companies and private companies that...more

U.S. Supreme Court Expands Scope of Whistleblower Protections

Earlier this month, the U.S. Supreme Court concluded that whistleblower protections of Sarbanes-Oxley extend not only to employees of public companies, but to the employees of their contractors and subcontractors. See Lawson...more

Whistleblower Claims The Wave Continues

"The cover-up is often worse than the crime" – an apt mantra for employers who are being increasingly forced to defend retaliation and/or whistleblower claims brought in myriad industries under a broad spectrum of federal and...more

Arbitration Agreements and Whistleblower Protections

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 directed the SEC to establish a “bounty program” for certain individuals who voluntarily provide the SEC with original information that leads to successful...more

Sarbanes-Oxley Whistleblower Protections Cover Employees of a Public Company’s Private Contractors

On March 4, 2014, the United States Supreme Court, in a 6-3 decision, expanded the protections offered to whistleblowers under anti-fraud laws, in Lawson v. FMR LLC. In its decision, the Court ruled that a specific...more

Supreme Court Widens Sarbanes-Oxley Whistleblower Net

On March 4, 2014, the U.S. Supreme Court significantly expanded the Sarbanes-Oxley anti-retaliation law to cover employees of private contractors who perform services for publicly-traded companies. Passed in 2002 in the wake...more

N.J. Court Sends Dodd-Frank Whistleblower Claim To Arbitration

The U.S. District Court for the District of New Jersey recently held that the Dodd-Frank Act does not operate retroactively to bar pre-dispute arbitration agreements, and thus required a plaintiff to arbitrate his Dodd-Frank...more

Lawson v. FMR: Are SarbOx Whistleblower Provisions A Horse Designed By Committee?

A camel (so the saying goes) is a horse designed by committee. It seems the Supreme Court may think the same of the whistleblower provisions in § 806 of the Sarbanes-Oxley Act of 2002. Section 806 prohibits retaliatory...more

SEC’s Amicus Brief: Internal Whistleblower Reports Covered By Dodd-Frank Anti-Retaliation Provision

As we previously discussed, courts have struggled with determining the scope of the protections in Dodd-Frank’s anti-retaliation provisions. On the one hand, Dodd-Frank defines a “whistleblower” as any individual, or group of...more

U.S. Supreme Court Expands SOX Whistleblower Protection to Employees of Private Contractors

In a landmark whistleblower decision by the United States Supreme Court, Lawson, et al. v. FMR LLC, et al., the Court held that the whistleblower protections under the Sarbanes-Oxley Act of 2002 (“SOX”) apply not only to...more

Supreme Court Holds That Sarbanes-Oxley Whistleblower Provision Applies To Employees Of Investment Advisers And Other Private...

On March 4, 2013, the Supreme Court issued an opinion with broad implications for mutual funds and certain other SEC-regulated companies that conduct business through or with privately-held entities (such as investment...more

Supreme Court's First Sarbanes-Oxley Decision Promises Expansion of Coverage to Most Privately Held Businesses

In Lawson v. FMR LLC,1 the Supreme Court massively expanded the scope of the anti-retaliation provision of the Sarbanes-Oxley Act (SOX), from 4,500 publicly held companies to millions of private companies that are...more

Private Company Employees Who Blow the Whistle on Public Company Fraud Are Protected from Retaliation

When it passed the Sarbanes-Oxley Act of 2002 (“SOX”), Congress established protections against retaliation for “employees” who report fraud at public companies. Since then, however, courts and commentators have disagreed...more

SOX Protections for Employees of Public Companies’ Contractors and Subcontractors

The U.S. Supreme Court extends Sarbanes-Oxley whistleblower protections, but the reach of the decision may be curtailed by “limiting principles” referenced by the Court....more

U.S. Supreme Court Extends SOX's Whistleblower Protection To Employees of Publicly Traded Company's Contractors

On March 4, 2014, the United States Supreme Court decided Lawson v. FMR LLC, holding that SOX's whistleblower protection extends to employees of a publicly traded company's contractors and subcontractors. Lawson v. FMR LLC,...more

SCOTUS Expands Sarbanes-Oxley Whistleblowing Protections to Private Contractors of Publicly Traded Companies

Corporate whistleblower protections provided to employees of publicly traded companies by the Sarbanes-Oxley Act also extend to employees of the companies’ private contractors, the U.S. Supreme Court ruled on March 4, 2014....more

Babysitters at the Gate: The Supreme Court’s Radical Expansion of SOX’s Whistleblower Protections

Yesterday, in Lawson v. FMR LLC, a divided U.S. Supreme Court decided its first case addressing the whistleblower protections of the Sarbanes-Oxley Act (SOX). The question before the Court: do those protections extend only to...more

Supreme Court Expands SOX Whistleblower Protection to Employees of Private Contractors of Public Companies

In the first SOX whistleblower case to be heard by the U.S. Supreme Court, the Court held on March 4 that the Sarbanes-Oxley Act of 2002 (SOX) prohibits private contractors of publicly traded companies from retaliating...more

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