Proskauer - Whistleblowing & Retaliation

Self-Help Discovery Does Not Immunize Employee from Prosecution, Says NJ Supreme Court

On June 23, 2015, the New Jersey Supreme Court ruled that Quinlan v. Curtiss-Wright Corporation, 204 N.J. 239 (2010), does not bar criminal prosecutions arising from an employee’s removal of confidential company documents to…more
| Civil Procedure, Civil Rights, Criminal Law, Labor & Employment Law, Privacy

6th Circuit Reverses Itself, Abandons “Definitively and Specifically” Standard For SOX Whistleblower Protected Activity

On May 28, 2015, the Sixth Circuit Court of Appeals ruled that an employee who reports allegedly fraudulent conduct engages in protected activity under SOX where he or she has a reasonable belief that the activity reported is…more
| Civil Procedure, Civil Remedies, Labor & Employment Law, Securities Law

OSHA Updates Whistleblower Manual, Focusing On Damages And Settlement Agreements

On May 21, 2015, OSHA—which has responsibility for investigating and enforcement under 22 whistleblower retaliation statutes—released an updated edition of its Whistleblower Investigations Manual (the Manual), the first such…more
| Civil Remedies, Civil Rights, Labor & Employment Law

California District Court Holds that Internal Tipsters Are Protected Under Dodd-Frank

On May 5, 2015, in Somers v. Digital Realty Trust Inc., No. C-14-5180, the U.S. District Court for the Northern District of California held that an internal complaint of an alleged securities law violation is sufficient to…more
| Civil Procedure, Labor & Employment Law, Securities Law

WSJ: Whistleblowers Claim That SEC Bounty Program Lacks Transparency

On May 25, 2015, the Wall Street Journal published an article reporting that tipsters have found it difficult to collect financial awards from the SEC after filing whistleblower claims…more
| Civil Remedies, Labor & Employment Law, Securities Law

WSJ Report On Delayed SEC Whistleblower Bounty Awards

A Wall Street Journal article (subscription required) dated May 4, 2015 reports that a backlog of tips received by the SEC Office of the Whistleblower as part of its bounty program has resulted in a delay in paying awards to…more
| Administrative Law, Civil Rights, Labor & Employment Law, Finance & Banking, Securities Law

No “Pleasure” for Florida Whistleblower

Despite 14 pages of vigorous dissent, a majority of a three-judge panel of the Eleventh Circuit has done the right thing and joined the Fourth, Sixth and Ninth Circuits in holding that the National Bank Act (“NBA”) preempts…more
| Civil Procedure, Civil Rights, Conflict of Laws, Labor & Employment Law, Finance & Banking

Senate Approves Auto Industry Whistleblower Bill

Under the “Motor Vehicle Safety Whistleblower Act” (the Bill), which the U.S. Senate approved on April 28, 2015, whistleblower protections and bounties would be available to individuals who report motor vehicle defects. In…more
| Civil Rights, Commercial Law & Contracts, Elections & Politics, Labor & Employment Law, Transportation

OSHA’s Recent Guidance on Whistleblower Retaliation Investigations

The Directorate of Whistleblower Protection Programs recently issued a guidance memorandum titled “Clarification of the Investigative Standard for OSHA Whistleblower Investigations,” for the apparent purpose of clarifying the…more
| Administrative Law, Civil Rights, Labor & Employment Law

ARB Issues Impactful Decision On Whistleblower Retaliation Causation Standard

The ARB recently addressed the standard for proving that protected activity was a “contributing factor” in adverse employment actions. It concluded that evidence showing that an employer would have made the same adverse action…more
| Administrative Law, Civil Procedure, Civil Rights, Labor & Employment Law

Closely Watched Weist SOX Whistleblower Case Dismissed

The Eastern District of Pennsylvania recently ruled that an employee’s SOX whistleblower retaliation claim failed as a matter of law because no causal connection existed between his complaints and termination and the employer…more
| Civil Procedure, Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Finance & Banking

Proskauer Participates With Head of SEC Whistleblower Program in 4/22/15 Webinar

Proskauer Partner Connie N. Bertram, co-head of the Whistleblowing & Retaliation Practice, participated in a webinar last week with Sean McKessy, Chief of the SEC’s Office of the Whistleblower. The webinar, sponsored by the…more
| Administrative Law, Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Securities Law

Second Circuit Expands The Scope Of FLSA Protected Activity To Include Oral Complaints To Employer

In a 2-1 decision issued on April 20, 2015, the Second Circuit expanded the scope of protected activity under the Fair Labor Standard Act’s (FLSA) anti-retaliation provision. The FLSA prohibits retaliation against an employee…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Washington Jury Awards “Perceived” Whistleblower $1 Million

In a jury verdict issued on March 26, 2015, a supervisor for the nation’s largest ferry system was awarded $1 million because the jury concluded that his employer demoted him as an act of retaliation in violation of the…more
| Civil Procedure, Civil Remedies, Civil Rights, Labor & Employment Law

SEC Announces Enforcement Action Regarding Employee Confidentiality Agreement

On April 1, the Securities and Exchange Commission (SEC) announced its first settlement of an enforcement action under the SEC’s Rule 21F-17, which prohibits any person from taking “any action to impede an individual from…more
| Administrative Law, Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Securities Law
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