Whistleblower Protection Policies

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

Employee Motivation For Making a Whistleblower Claim Is Not Relevant Under WPA, MSC Rules

by Leigh Schultz | Miller Canfield on 5/7/2013

An employee’s motivation for making a whistleblower claim is not relevant to his lawsuit under the Whistleblower Protection Act (WPA), the Michigan Supreme Court ruled in Whitman v. City of Burton on May 1....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

White Collar Watch - April 2013

by Bruce D. Armon, Andrea P. Brockway, Michael Finio, Christopher R. Hall, Keith Lorenze, Nicholas J. Nastasi, Courtney L. Schultz, Brian Simons | Saul Ewing LLP on 4/23/2013

In This Issue: - Third Circuit Panel Liberalizes “Protected Activity” Immunity for Employees Claiming Whistleblower Status - Doing Time: A Requirement for White Collar Crime? - Casting a Smaller Net:...more

Whistleblower Guidance from NJ Appellate Court May Help Employers Keep More CEPA Claims from Reaching a Jury

by Harris Feldman | Schnader Harrison Segal & Lewis LLP on 4/23/2013

A plaintiff cannot succeed in whistleblower litigation against his former employer without demonstrating a specific, objectively reasonable belief that the employer violated a law or public policy, according to a recently...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

White House Looking To Increase Enforcement Of FLSA And FMLA

by Michael Cardman | XpertHR - Partnered with LexisNexis on 4/19/2013

Employers should expect increased enforcement of key federal employment laws and the potential expansion of state paid leave programs if Congress funds the White House's budget priorities....more

Legal Alert: Court Rejects Retroactivity of Dodd–Frank's Whistleblower Remedies

by Thomas Bundy, III, Cynthia M. Krus, Allegra Lawrence-Hardy, Lee Peifer, Holly H. Smith, Lewis Wiener | Sutherland Asbill & Brennan LLP on 4/18/2013

Since the 2010 enactment of the Dodd–Frank Wall Street Reform and Consumer Protection Act, a recurring question in judicial opinions interpreting the Act’s whistleblower provisions has been whether these provisions should be...more

Recent Multi-Million Dollar Whistleblower Jury Awards — A Wake-Up Call For Employers

by Rachel Fischer, Michael Graham, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 4/16/2013

In what might be an unsettling trend for employers, juries in Philadelphia and Anchorage have recently issued multi-million dollar jury awards in favor of whistleblowers. Specifically, on March 22, 2013, a Philadelphia Common...more

A Month in UK Employment Law - April 2013

by Peta-Anne Barrow, Daniel Ornstein, Jennifer Wheater | Proskauer Rose LLP on 4/16/2013

It has been a busy period for those involved in drafting employment legislation. In our January 2013 edition, we summarised various expected changes to employment law. Since then, these changes have been debated and...more

New York City Council and Bloomberg Administration Clash over Proposal to Prohibit Employment Discrimination Based on Credit...

by Fredric Leffler, Lawrence Lorber, Marc Mandelman, Katharine Parker, Daniel Saperstein, Leslie Silverman, Allan Weitzman | Proskauer Rose LLP on 4/16/2013

On May 15, 2012, the New York City Council proposed Int. #0857-2012 (the Proposal), which would amend the New York City Human Rights Law (NYCHRL) to prohibit discrimination against job applicants and employees based on their...more

The Enforcement Powers of the Consumer Financial Protection Bureau

by Jonathan Foxx on 4/11/2013

For several months, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) has implemented a spate of enforcement actions against banks and non-banks. My interest in this article is neither to re-litigate those cases...more

Whistleblowing in the UK – the latest developments and a review of the law

by Daniel Ornstein | Proskauer - Whistleblowing & Retaliation on 4/9/2013

In recent months, the UK has seen a growing focus on the protection afforded to whistleblowers. This attention has emerged because of recurring question linking diverse scandals, such as phone hacking and those that have hit...more

Wrongful Termination Suit Filed in Rutgers Basketball Scandal

by Aaron Kase | Lawyers.com on 4/9/2013

Former basketball assistant Eric Murdock has filed a wrongful termination suit against Rutgers University amid the fallout following the disclosure of head coach Mike Rice’s abusive behavior toward the players. ...more

SOX Whistleblower Protection Expanded by a Federal Appeals Court

by Katherine H. Marques, Michael Starr | Holland & Knight LLP on 4/8/2013

A federal appeals court recently made it substantially easier for plaintiffs to assert claims that they were fired for "whistleblowing" activity protected by the Sarbanes-Oxley Act ("SOX"). In Wiest v. Lynch, 2013 WL 1111784...more

OSHA Has Been Hard At Work - Will You Be Ready If OSHA Knocks At Your Door?

by Heather MacDougall | Akerman Senterfitt on 3/19/2013

A look at a recent speech given by OSHA's Assistant Secretary, David Michaels, Ph.D., provides employers with insight into what agency touts as successes over the past several years and its vision for the year ahead. ...more

Suzanne Folsom & Christopher Burnham on Private Sector Lessons [Video]

by LEVICK on 3/6/2013

As part of a continuing series of LEVICK video interviews with thought leaders across multiple disciplines and industry sectors, I recently sat down with noted good governance experts Suzanne Folsom and Christopher Burnham to...more

OSHA Issues Interim Final Rule on Whistleblower Protections under the Affordable Care Act

by Amy Bashore, Denise Keyser | Ballard Spahr LLP on 3/1/2013

As the 2014 implementation date for the most controversial provisions of the Affordable Care Act (ACA) draws closer, most businesses are focused on ensuring that their group health plans meet the ACA's requirements. But there...more

$28 Million Verdict Against Illinois Nursing Home Liable Under False Claims Act & Illinois Whistleblower Reward And Protection Act

by Daniel Davis, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 2/26/2013

On February 11, 2013, a jury in federal district court in Illinois found a nursing home operator (Company) liable under the False Claims Act and the Illinois Whistleblower Reward and Protection Act for fraudulent billing and...more

Health Care Reform Update -- February 25, 2013

by Gary Bacher, Joseph P. Hammang, Alexander Hecht, Kevin M. Kappel, Tom Koutsoumpas, Jeremy Rabinovitz, Robert C. Skinner | Mintz Levin - Health Law on 2/26/2013

In This Issue: Implementation of the Affordable Care Act; Other HHS and Federal Regulatory Initiatives; Other Congressional and State Initiatives; Other Health Care News; and Hearings and Mark-Ups Scheduled. Excerpt...more

The 2012 Global Employer: Highlights of Littler's Fifth Annual Global Employer Institute

by Littler on 2/22/2013

In this report: - I. Sustainable Innovations for a Changing Global Workforce - II. Forging a Global HR Team to Align with a Global Business: Transparency and Integration - III. Developing an Effective Global...more

Illinois Jury Found Nursing Home Liable For $28.1 Million In Whistleblower Case Alleging Substandard Care And Resident Abuse

by Anne Cooper, Meredith Duncan, Kara Friedman, Lindsay Kessler, Jason Lundy, Matthew Murer, Hannah Neshek, Chuck Sheets, Kathryn Stalmack, Joseph Van Leer | Polsinelli on 2/22/2013

An Illinois district court jury in United States v. Momence Meadows Nursing Center, Inc. recently issued a verdict on February 11, 2013 imposing $28.1 million in civil penalties on the operators of a nursing home. The nursing...more

Employee Is Protected By Whistleblower Provisions Of The Labor Code When He Or She Reports Illegal Conduct By A Fellow Employee

by Laura Izon Powell, Bruce A. Scheidt, Kristianne Seargeant, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 2/19/2013

A terminated employee brought claims against his former employer for wrongful termination in violation of the California False Claims Act (“CFCA”), public policy, and the whistleblower protections provided by the Labor Code. ...more

Rising Retaliation Claims Reveal Need For Improved Employer Termination Procedures

by Michael C. Jacobson | XpertHR - Partnered with LexisNexis on 2/13/2013

According to the Equal Employment Opportunity Commission (EEOC), retaliation claims rose again in fiscal year 2012, the sixth year in a row. Given the costly and time-consuming nature of an EEOC investigation and lawsuit,...more

How Does Your Organization Treat Whistleblowers?

by Thomas Fox on 2/8/2013

As almost everyone knows, Lance Armstrong spoke for the first time about his performance enhancing drug (PED) use recently on Oprah. On the first night he admitted for the first time that he used PEDs during his seven wins at...more

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Whistleblower Protection Policies

Whistleblower’s Claims Against Former Employer Survive Summary Judgment

Employee Motivation For Making a Whistleblower Claim Is Not Relevant Under WPA, MSC Rules

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

White Collar Watch - April 2013

Whistleblower Guidance from NJ Appellate Court May Help Employers Keep More CEPA Claims from Reaching a Jury

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

White House Looking To Increase Enforcement Of FLSA And FMLA

Legal Alert: Court Rejects Retroactivity of Dodd–Frank's Whistleblower Remedies

Recent Multi-Million Dollar Whistleblower Jury Awards — A Wake-Up Call For Employers

A Month in UK Employment Law - April 2013

New York City Council and Bloomberg Administration Clash over Proposal to Prohibit Employment Discrimination Based on Credit...

The Enforcement Powers of the Consumer Financial Protection Bureau

Whistleblowing in the UK – the latest developments and a review of the law

Wrongful Termination Suit Filed in Rutgers Basketball Scandal

SOX Whistleblower Protection Expanded by a Federal Appeals Court

OSHA Has Been Hard At Work - Will You Be Ready If OSHA Knocks At Your Door?

Suzanne Folsom & Christopher Burnham on Private Sector Lessons [Video]

OSHA Issues Interim Final Rule on Whistleblower Protections under the Affordable Care Act

$28 Million Verdict Against Illinois Nursing Home Liable Under False Claims Act & Illinois Whistleblower Reward And Protection Act

Health Care Reform Update -- February 25, 2013

The 2012 Global Employer: Highlights of Littler's Fifth Annual Global Employer Institute

Illinois Jury Found Nursing Home Liable For $28.1 Million In Whistleblower Case Alleging Substandard Care And Resident Abuse

Employee Is Protected By Whistleblower Provisions Of The Labor Code When He Or She Reports Illegal Conduct By A Fellow Employee

Rising Retaliation Claims Reveal Need For Improved Employer Termination Procedures

How Does Your Organization Treat Whistleblowers?

Suzanne Folsom & Christopher Burnham on Private Sector Lessons [Video]

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