Proskauer - Whistleblowing & Retaliation

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SEC Denies Whistleblower Award Claim for Harbinger-Falcone Recovery

As recently reported by Ed Benson of Law 360, on July 4th, 2014, the United States Securities and Exchange Commission (the “SEC” or “Commission”) issued a final order that denied a whistleblower award claim on the $18 million…more
| Civil Remedies, Commercial Law & Contracts, Labor & Employment Law, Finance & Banking, Securities Law

Watchdogs Petition SEC to Strengthen Prohibitions Against Impeding Complaints to SEC

On July 18, 2014, a coalition of plaintiff-side lawyers and government watchdog groups proposed ways to strengthen the SEC whistleblower program in two petitions filed with the SEC. The groups urged the SEC to update Rule…more
| Civil Rights, Labor & Employment Law, Securities Law

Texas Federal Court Dismisses FCA Claims As Insufficiently Pled

In U.S. ex rel. Williams v. McKesson Corp., No. 3:12-CV-0371-B (N.D. Tex. July 9, 2014), a Texas federal court recently dismissed a qui tam whistleblower suit by a former employee of McKesson, a Texas-based entity that provides…more
| Civil Procedure, Labor & Employment Law, Health

CEPA Roundup

In recent weeks, New Jersey’s primary whistleblower statute—the Conscientious Employee Protection Act (“CEPA”)—has been the subject of increased judicial scrutiny. In Hitesman v. Bridgeway, Inc., 214 N.J. 235 (2014), the…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Fifth Circuit: FCA Inapplicable to Claims Involving Private Funds Administered by Government-Created Programs

In United States of America ex rel Rene Shupe v. Cisco Systems, Inc. and Avnet, Inc., No. 13-40807 (5th Cir. July 7, 2014), the Fifth Circuit reversed a district court’s order denying a motion to dismiss a qui tam whistleblower…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Labor & Employment Law

Eleventh Circuit Sustains Award To Employer In Whistleblower Case

In a warning to plaintiffs’ counsel who seek emotional distress damages for alleged whistleblower retaliation under Florida law, the Eleventh Circuit in Smith v. Psychiatric Solutions, Inc., 750 F.3d 1253 (11th Cir. May 6, 2014)…more
| Civil Procedure, Civil Remedies, Civil Rights, Labor & Employment Law, Personal Injury

SEC Brings First Dodd-Frank Anti-Retaliation Case

The SEC recently issued an Order against Paradigm Capital Management, Inc. (Paradigm), a registered investment adviser, and its principal for allegedly engaging in principal trades without effective client disclosure and…more
| Civil Rights, Labor & Employment Law, Finance & Banking, Securities Law

E.D. Pennsylvania Limits Supreme Court’s SOX Whistleblower Decision

In a case of first impression, the U.S. District Court for the Eastern District of Pennsylvania ruled that the U.S. Supreme Court’s holding in Lawson v. FMR LLC, 134 S. Ct. 1158 (2014)—that the whistleblower protection provision…more
| Civil Procedure, Civil Rights, Commercial Law & Contracts, Labor & Employment Law

OSHA Orders Company to Pay SOX Whistleblower Back Wages

According to its recent press release, OSHA issued a preliminary order requiring SpongeTech Delivery Systems, Inc. of New York (Company), a cleaning product company, to pay a complainant $31,835.33 in back wages based on its…more
| Labor & Employment Law, Business Torts

Dodd-Frank Anti-Retaliation Provision Limited To Complaints About Securities Laws

The U.S. District Court for the Eastern District of Wisconsin ruled that an Illinois-based bank employee could not state a claim under the whistleblower protection provision in Dodd-Frank because his complaints alleged…more
| Civil Procedure, Civil Rights, Labor & Employment Law, Finance & Banking, Securities Law

Third Circuit Adopts Less Demanding FCA Pleading Standard

Last week, the Third Circuit reversed a New Jersey district court’s decision to dismiss a False Claims Act (FCA) qui tam law suit, holding that the court applied an overly demanding pleading standard to relator Thomas Foglia’s…more
| Civil Procedure, Labor & Employment Law, Business Torts, Health

SEC Bans Repeat, Bad-Faith Tipster From Future Submissions

Last month, after an individual filed 196 award applications, the SEC Office of the Whistleblower (OWB) issued a detailed Final Order deeming him/her ineligible for an award in any of his/her pending applications and prohibiting…more
| Securities Law

First SEC Whistleblower Bounty Award of 2014

On June 3, 2014, the SEC issued an order that awarded two whistleblowers $437,500 each pursuant to Rule 21F of the Securities Exchange Act. This Order marks the SEC’s first award of 2014, and eighth award since the program began…more
| Civil Remedies, Securities Law

Nebraska District Court: Employee’s Disclosures To FINRA Make Her A Dodd-Frank Whistleblower

In a first-impression decision, the U.S. District Court for the District of Nebraska recently ruled that an employee who disclosed information about potential securities law violations to FINRA may qualify as a “whistleblower”…more
| Civil Procedure, Civil Rights, Labor & Employment Law, Finance & Banking

Another Bite At the Apple? OSHA to Notify Untimely OSH Act Whistleblowers of Potential NLRB Claims

The NLRB Office of the General Counsel recently issued a memorandum stating that the NLRB entered into a “referral agreement” with OSHA, which requires OSHA to inform whistleblowers that certain untimely filed retaliation claims…more
| Administrative Law, Civil Procedure, Labor & Employment Law
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