Retaliation, Sarbanes-Oxley | JD Supra Law News

Whistleblower’s Claims Against Former Employer Survive Summary Judgment

by Jason F. Clouser, William M. Regan | Katten Muchin Rosenman LLP on 5/15/2013

In a case involving “several questions of first impression,” the US District Court for the Southern District of New York denied summary judgment for all but one of the defendants in a case alleging violations of the...more

Third Circuit Panel Liberalizes "Protected Activity" Immunity for Employees Claiming Whistleblower Status

by Michael Finio, Keith Lorenze | Saul Ewing LLP on 4/24/2013

The popular image of the American corporate whistleblower, as depicted in Hollywood box-office smashes such as The Insider and Michael Clayton, is a courageous hero who reports corporate wrongdoing, often at the risk of...more

Whistleblowers Protected Even If Employers Don't Violate Securities Laws, 3rd Circuit Says

by Marta Moakley | XpertHR - Partnered with LexisNexis on 4/23/2013

An employer need not actually violate the Sarbanes-Oxley Act (SOX) for its employees to receive SOX whistleblower protections, the 3rd Circuit Court of Appeals has ruled. Wiest v. Lynch, +2013 U.S. App. LEXIS 5345 (3d Cir....more

Retaliation and Whistleblower Claims by In-House Counsel

by Jeanne Barber, Edward Ellis, Linda Jackson, Earl (Chip) M. Jones III, Gregory Keating, Allan King, Patricia Martin, Amy Mendenhall, Roberta Ruiz | Littler on 4/1/2013

In This Issue: - Whistleblower protections and in-House Counsel - Sarbanes-oxley - The Dodd-Frank Act - The False Claims Act - Common Law Wrongful Discharge Claims - The Ethical...more

District Court Widens Split On Whether Complaints Of Alleged Future Misconduct Are Protected

by Noa Baddish, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 2/18/2013

The U.S. District Court for the Central District of California ruled that a SOX whistleblower complaint survived a Rule 12(b)(6) challenge on “reasonable belief” grounds and found that complaints of potential future...more

District of Idaho: Federal District Courts Lack Jurisdiction to Enforce Preliminary Reinstatement Order

by Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 2/6/2013

The stakes increase and the landscape changes tremendously in a whistleblower case when the Secretary of Labor (Secretary) issues a preliminary reinstatement order....more

The Fight Isn’t Over: Employers Should Keep Battling The Definition of “Whistleblower” Under Dodd-Frank

by Lloyd B. Chinn, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 11/19/2012

The “Securities Whistleblower Incentives and Protection” section of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“DFA”) is an integrated scheme designed to encourage individuals to complain to the...more

A New Whistleblower Retaliation Statute Grows Up: Dodd-Frank is the new Sarbanes-Oxley.

by Pullman & Comley, LLC on 10/10/2012

Reading the headline, I’m sure a few of you rolled your eyes. Dodd-Frank? Sarbanes-Oxley? Those statutes are seen as dull and tedious. But a new federal court decision in Connecticut should start to change that, and it has...more

Federal District Court Expands Whistleblower Protections Under Dodd-Frank

by Foley & Lardner LLP on 10/2/2012

In enacting the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), Congress provided a private right of action for employees who claimed retaliatory discharge under certain circumstances. The Act...more

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Retaliation › Sarbanes-Oxley