Proskauer - Whistleblowing & Retaliation

Three First National Plaza 70 West Madison, Suite 3800
Chicago, IL 60602-4342, United States

  • 312.962.3545
  • 312.962.3551

Another SEC Whistleblower Amicus Brief On Whether Dodd-Frank Covers Internal Complaints

On February 6, the SEC filed its third amicus brief defending its interpretive rule on Dodd-Frank’s anti-retaliation provision, 15 U.S.C. §78u-6(h)(1). The impetus is a ruling out of the Southern District of New York in Berman…more
| Civil Procedure, Civil Rights, Labor & Employment Law, Securities Law

4th Circuit: 4 Year Statute Of Limitations Applies To SOX Claims

The Fourth Circuit recently held that SOX whistleblower retaliation claims are subject to a four-year statute of limitations and that emotional distress damages are available in SOX actions. Jones v. SouthPeak Interactive Corp…more
| Civil Remedies, Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Securities Law

Fourth Circuit Potentially Expands Scope of FCA Liability

On January 8, Fourth Circuit Court of Appeals, in United States ex rel. Badr v. Triple Canopy Inc., embraced a theory of implied certification under the False Claims Act (“FCA”), representing a departure from prior Fourth…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Military Law, Government Contracting

Consumer Financial Product Whistleblower Complaints Up Dramatically, SOX Complaints (with OSHA) Down

Since the enactment of Dodd-Frank in 2010, the number of whistleblower complaints filed under the Consumer Financial Protection Act (“CFPA”) has risen significantly while the number of SOX complaints filed with OSHA has largely…more
| Civil Rights, Labor & Employment Law, Finance & Banking, Consumer Protection

Trends in N.J. Whistleblowing and Retaliation Law – 2014 Roundup

2014 was another busy year for developments in whistleblowing and retaliation law in New Jersey. This blog post summarizes noteworthy state and federal cases for employers to consider in the new year…more
| Civil Rights, Labor & Employment Law, Government Contracting

New York Times: Bounty Programs Incentivize Wrongdoers to Collect

We have seen a number of substantial whistleblower awards make headlines this year, but a recent article on nytimes.com discusses the potential downsides of government-sponsored bounty programs: rewarding whistleblowers by…more
| Civil Rights, Labor & Employment Law

SDNY Follows Asadi: Internal Tipsters Not Dodd-Frank “Whistleblowers”

On December 5, 2014, the Southern District of New York in Berman v. Neo@Ogilvy, No. 14-cv-523, ruled that an employee who complains internally about securities law violations does not qualify as a “whistleblower” under the…more
| Civil Procedure, Civil Rights, Labor & Employment Law, Finance & Banking, Securities Law

New York Times Discusses the Growth of Whistleblower Programs

As federal agencies dole out record-breaking awards to tipsters (such as the SEC’s recent $30 million award), whistleblower programs remain a topic of public interest. Earlier this month, The New York Times published an article…more
| Civil Remedies, Commercial Law & Contracts, Labor & Employment Law, Finance & Banking, Securities Law

SEC’s Second Amicus Brief On Whether Dodd-Frank Protects Internal Reports

On December 11, 2014, the SEC filed an amicus brief in support of Plaintiff-Appellant Mikael Safarian asking the Third Circuit to revive his Dodd-Frank whistleblower claim and endorse the agency’s definition of “whistleblower”…more
| Administrative Law, Civil Procedure, Labor & Employment Law, Finance & Banking, Securities Law

3d Cir.: Dodd-Frank Anti-Arbitration Provisions Do Not Apply To Dodd-Frank Whistleblower Retaliation Claims

On December 8, 2014, the Third Circuit ruled that Dodd-Frank’s anti-arbitration provisions do not invalidate pre-dispute arbitration agreements with respect to whistleblower retaliation claims brought pursuant to the…more
| Alternative Dispute Resolution (ADR), Civil Rights, Labor & Employment Law, Finance & Banking

Cal. App. Court Finds in Favor of “Whistleblower” Who Never Blew the Whistle

In Diego v. Pilgrim United Church of Christ, — Cal.Rptr.3d —-, 2014 WL 6602601 (Cal. App. 4 Dist.), the California Court of Appeal determined that Cecilia Diego (Plaintiff) could pursue a common law public policy retaliation…more
| Civil Procedure, Civil Rights, Labor & Employment Law, Government Contracting

Eleventh Circuit Limits Scope of FCA Whistleblower Suit

Late last month, a three-judge panel of the Eleventh Circuit Court of Appeals reinstated portions of a former executive’s False Claims Act (“FCA”) whistleblower action against Health Management Associates Inc. (“HMA”), alleging…more
| Civil Rights, Labor & Employment Law, Health, Government Contracting

Highlights of SEC’s 2014 Annual Report

On November 17, 2014, the Securities and Exchange Commission’s Office of the Whistleblower (“OWB”) released its fourth Annual Report on the Dodd-Frank Whistleblower Program to Congress, which details information on OWB’s…more
| Civil Rights, Labor & Employment Law, Securities Law

5th Circuit: Outing Whistleblower Equals Adverse Action

On November 12, 2014, in Halliburton, Inc. v. Admin. Review Bd., 5th Cir. No. 13-cv-60323, the Fifth Circuit affirmed an ARB’s decision that disclosing the identity of a whistleblower may constitute an “adverse action” under…more
| Administrative Law, Civil Rights, Labor & Employment Law, Finance & Banking, Securities Law

Court Follows 5th Circuit Asadi Decision, Dismisses Dodd-Frank Whistleblower Claim

The U.S. District Court for the Eastern District of Wisconsin in Verfuerth v. Orion Energy Systems, Inc., No. 14-cv-352 (E.D. Wis. Nov. 4, 2014) recently ruled that the Dodd-Frank whistleblower protection provision does not…more
| Civil Procedure, Labor & Employment Law, Securities Law
Showing 1-15 of 182 Results
|
View per page
Page: of 13
Areas of Practice
  • Criminal Law
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
Locations
Other U.S. Locations
  • California
  • D.C.
  • Florida
  • Illinois
  • Louisiana
  • Massachusetts
  • New Jersey
  • New York
Other Countries
  • Brazil
  • China
  • France
  • Hong Kong
  • United Kingdom
This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.