News & Analysis as of

Lawson v FMR

Whistleblower Cases are Custom Tailored for ADR

by JAMS on

Various state and federal statutes exist to protect and compensate employees whose employers retaliate against them after they disclose certain fraudulent practices to the employers or government agencies. These are known as...more

2015 Trends: #5 Regulatory Enforcement Moves Down Market

by NAVEX Global on

While ethics and compliance scandals that implicate brand name companies tend to grab the headlines, smaller organizations have always borne the brunt of regulatory enforcement. Over the years, U.S. Sentencing Commission data...more

Whistleblower Liability: Two Recent U.S. Supreme Court Rulings Could Have Major Implications for Employers

by Barley Snyder on

The United States Supreme Court’s 2013-14 docket featured a number of labor and employment law decisions warranting employers’ attention. Media headlines focused mostly on cases dealing with employers’ religious beliefs and...more

United States: U.S. Supreme Court Dramatically Expands Whistleblower Law

by Dechert LLP on

On March 4, 2014, the U.S. Supreme court in Lawson v. FMR, LLC, 134 S.Ct. 1158, held in a 6-3 decision that employees of a private company that is a contractor or subcontractor of public company are entitled to whistleblower...more

A Series Of Ticking Time Bombs – A Review Of The Supreme Court's 2013-2014 Term

by Fisher Phillips on

The Supreme Court recently wrapped up its 2013-2014 term, and management can count it as another successful year in front of the High Court. Of the nine decisions impacting labor and employment law, seven of them should have...more

The Supreme Court Extends SOX Whistleblower

by Pullman & Comley, LLC on

On its face, the Sarbanes-Oxley Act of 2002 (“SOX”) is concerned with the conduct of publicly-traded, not privately-held, companies. SOX, after all, grew out of the scandalous and widely damaging failures of public companies...more

Supreme Court Protects Whistleblowing Employees of Mutual Fund Adviser

by Carlton Fields on

Whistleblowing law continues to develop, with a recent U.S. Supreme Court decision holding that, despite ambiguous statutory language, the Sarbanes-Oxley Act of 2002 protects employees of private companies serving as...more

How Employers Fared With the Supremes This Term and What the Future May Hold

by Polsinelli on

During its recently concluded 2013 term, the U.S. Supreme Court issued decisions in two labor and employment cases, three constitutional or quasi-constitutional cases that impact labor and employment concerns, and one tax...more

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...more

Before The Whistle Blows: Understanding And Addressing The Expanding Scope Of Whistleblower Protections Under Sarbanes-Oxley And...

The Sarbanes-Oxley Act of 2002 (“Sarbanes-Oxley”) was enacted following the accounting scandals of the early 2000s involving Enron, WorldCom and other public companies. Congress passed the Dodd-Frank Wall Street Reform and...more

Lawson v. FMR LLC: Supreme Court Takes Broad View Of Sarbanes-Oxley Whistleblower Coverage

by Stinson Leonard Street on

On March 4, 2014, the U.S. Supreme Court held that the section of the Sarbanes-Oxley Act of 2002 (SOX) providing protections for whistleblowers applies not only to employees of public companies, but also to employees of...more

Supreme Court Expands Sarbanes-Oxley Whistleblower Protection to Employees of Private Companies

by Nexsen Pruet, PLLC on

In 2002, after corporate fraud at Enron led to the company's collapse, Congress passed the Sarbanes-Oxley Act (SOX). Under SOX's main whistleblower protection provision, an employee of a publicly traded company who claims...more

A Review of Recent Whistleblower Developments

by Foley & Lardner LLP on

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

U.S. Supreme Court Expands Scope of Whistleblower Protections

by Foley & Lardner LLP on

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

by Akerman LLP - HR Defense on

"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

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

The U.S. Supreme Court Extends Sarbanes-Oxley Whistleblower Protections to Employees of Mutual Fund Investment Advisers and Other...

by Dechert LLP on

The Supreme Court of the United States on March 4, 2014 held that employees of a privately-held mutual fund investment adviser are protected under a whistleblower provision enacted as part of the Sarbanes-Oxley Act of 2002...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

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

by Burr & Forman on

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

Employment Law

Same-Sex Harassment Suits Yield Sizable Settlements - Why it matters: Same-sex sexual harassment made headlines recently after the Equal Employment Opportunity Commission reached settlements with two different...more

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

by Fenwick & West LLP on

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 Expands Whistleblower Protection

by Ifrah PLLC on

The U.S. Supreme Court recently held that Sarbanes–Oxley extends whistleblower protection, not just to employees of public companies, but to employees of private contractors and subcontractors that serve public companies. In...more

Fenwick Employment Brief - March 2014

by Fenwick & West LLP on

In February, the San Francisco Board of Supervisors passed the Fair Chance Ordinance, which limits when and to what extent employers can inquire into the criminal history of applicants and employees. The ordinance also...more

In Lawson, Supreme Court Expands SOX Whistleblower Protection to Employees of Private Contractors

by Goodwin on

On March 4, 2014, in Lawson v. FMR, the U.S. Supreme Court ruled that a public company’s private contractors can be covered under the whistleblower protections of Section 806 of the Sarbanes-Oxley Act. The Supreme Court’s...more

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