News & Analysis as of September 20, 2024

Federal Rule 12(b)(6)

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

CA District Court: Dodd Frank Whistleblower Provision Does Not Apply Extraterritorially

Proskauer - Whistleblower Defense on 11/11/2021

On June 28, 2021, the United States District Court for the Northern District of California granted the Company’s Rule 12(b)(6) motion to dismiss after an executive claimed he was discharged in violation of the Dodd-Frank...more

SDNY Grants Motion to Dismiss SOX Retaliation Claim

Proskauer - Whistleblower Defense on 10/21/2019

On September 18, 2019, the U.S. District Court for the Southern District of New York granted a defendant-employer’s motion to dismiss a SOX whistleblower retaliation claim, finding that the plaintiff failed to adequately...more

District of Rhode Island Dismisses In-House Attorney’s SOX Whistleblower Claim for Lack of Protected Activity

Proskauer - Whistleblower Defense on 10/7/2019

On July 19, 2019, the U.S. District Court for the District of Rhode Island granted an employer’s motion to dismiss a SOX whistleblower claim, holding that the Plaintiff—an in-house attorney—failed to allege sufficient facts...more

Federal Court Allows SOX Whistleblower Claim To Proceed But Dismisses Dodd-Frank Claim

Proskauer - Law and the Workplace on 10/12/2018

On October 2, 2018, the U.S. District Court for the Western District of Pennsylvania federal court denied a Rule 12(b)(6) motion to dismiss a SOX whistleblower retaliation claim, reasoning that Plaintiff sufficiently alleged...more

Purported Whistleblower Barred from Pursuing Illinois Retaliatory Discharge Claim

Proskauer - Whistleblower Defense on 8/16/2017

The Northern District of Illinois recently dismissed an Indiana-based employee’s claims for retaliatory discharge in violation of common law, focusing on the nature of the connection (or lack thereof) to Illinois and noting...more

S.D.N.Y. Dismisses Dodd-Frank Whistleblower Claim Because Retaliation Claims Were Already Arbitrated

Proskauer - Whistleblower Defense on 8/12/2017

The Southern District of New York recently dismissed Dodd-Frank whistleblower retaliation claims brought by an employer’s ex-President and an ex-Director pursuant to Rule 12(b)(6) on res judicata grounds, determining that...more

N.D. Illinois Dismisses Illinois Whistleblower Act Claim

Proskauer - Whistleblower Defense on 7/26/2017

The U.S. District Court for the Northern District of Illinois recently granted a Rule 12(b)(1) and (6) motion to dismiss a former employee’s complaint alleging retaliation under the Illinois Whistleblower Act (“IWA”). Huang...more

The Northern District of New York Applies the “Reasonable Belief” Standard

Proskauer - Whistleblower Defense on 5/25/2017

On May 11, 2017, the Northern District of New York applied the Second Circuit’s standard for evaluating a Dodd-Frank retaliation claim in response to a motion to dismiss under F.R.C.P. Rule 12(b)(6). The court denied the...more

False Claims that Don’t Violate the False Claims Act

Faegre Drinker Biddle & Reath LLP on 9/27/2016

A recent Fourth Circuit decision answers this riddle, “How can a contractor knowingly submit a false claim to the government without violating the False Claims Act (FCA)?” Give up? The answer is blindingly obvious—once...more

SDNY Refuses to Dismiss Executive’s Dodd-Frank Retaliation Claim

Proskauer - Whistleblower Defense on 9/26/2016

On August 24, 2016, the Southern District of New York denied Defendants’ motion to dismiss a Dodd-Frank whistleblower retaliation claim brought by its former co-CEO and Executive Chairman of its Board of Directors, finding...more

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Hiring & Firing › Retaliation › Federal Rule 12(b)(6)

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