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This month, the U.S. Senate unanimously approved proposed legislation which would protect whistleblowers who alert authorities or their employers to suspected criminal antitrust activity (referred to as the Criminal Antitrust...more
A recent decision by the Fifth Circuit Court of Appeals has confirmed that the anti-retaliation provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act only confer protections to whistleblowers who report...more
The U.S. District Court for the Southern District of New York has held that the whistleblower protection provisions of the Dodd-Frank Act do not apply outside the United States, even where the employee alleged he was...more
In Pruett v BlueLinx Holdings, Inc., decided by the United States District Court for the Northern District of Georgia (1:13-cv-02607), the court held that a whistleblower suing under Dodd-Frank’s non-retaliation provisions...more
Claims by employees "blowing the whistle" on their employer are on the rise in today's workplace. Will you be ready when the whistle is blown on your company? ...more
On November 4th, the Senate voted unanimously to expand whistleblower protections in criminal antitrust cases by passing the Criminal Antitrust Anti-Retaliation Act (CAARA). This bill provides whistleblower protections to...more
California has amended Cal. Lab. Code § 218.5 to limit the circumstances under which an employer may recover its attorney’s fees and costs as the prevailing party in a lawsuit in which an employee has sued for nonpayment of...more
A recent decision in the United States District Court for the Southern District of New York has reinforced the United States Supreme Court’s jurisprudence on the extraterritorial application of federal statutes....more
The US District Court for the Southern District of New York limited the scope of the Dodd-Frank Wall Street Reform and Consumer Protection Act anti-retaliation provisions for whistleblowers to the United States, dismissing a...more
Even though Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act more than three years ago, the basic question of who can claim the anti-retaliation protections of that law are less clear than ever....more
We are pleased to present the 33rd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight news that will have an impact on business and litigation, including extra-territorial...more
Last week, whistleblowers reporting potential violations occurring outside of the United States again found themselves on the outside looking in at protections afforded to domestic whistleblowers when the Southern District of...more
The United States District Court for the Southern District of New York recently dismissed a case with prejudice by an employee whistleblower that lived in Taiwan. The court stated there is no evidence that Congress intended...more
Over the past three years, federal courts have confronted a number of unsettled questions raised by the whistleblower provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. The latest development...more
Two new Dodd-Frank decisions over the last week contain mixed results for employers.
In Liu v. Siemens A.G., Judge Pauley in the Southern District of New York held that Dodd-Frank’s anti-retaliation provision does not...more
In Liu v. Siemens A.G., No. 13 Civ. 317 (WHP), slip op. (S.D.N.Y. Oct. 21, 2013), the U.S. District Court for the Southern District of New York held that the anti-retaliation protections found in Section 922 of the Dodd-Frank...more
Commentators, employers and especially whistleblowers have paid a tremendous amount of attention to the whistleblower bounty provisions of the Dodd-Frank Act. Much less attention has been paid to an SEC rule implementing the...more
Jackie Lawson and Jonathan Zang believe that the 1st Circuit U.S. Court of Appeals misinterpreted the law. They appealed the court’s decision in Lawson v. FMR LLC and filed a brief with the Supreme Court arguing that the...more
A whistleblower is usually an individual who works for a private company involved in business with the government or a government employee who witnesses some sort of inappropriate or even illegal conduct. Usually, when a...more
Antiretaliation provisions only protect employees that provide information on violations of the securities laws to the SEC.
On July 17, the U.S. Court of Appeals for the Fifth Circuit issued a decision in Asadi v. G.E....more
Over the past two weeks there were two separate Fifth Circuit Court of Appeals cases dealing with allegations of bribery and corruption....more
Underscoring the Importance of Robust Internal Reporting Programs -
Since the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) in 2010, the compliance, finance and legal communities...more
The Fifth Circuit has held in Asadi v. G.E. Energy (USA), LLC that a whistleblower must provide information to the SEC in order to be protected by the Dodd-Frank anti-retaliation provisions. ...more
On July 17, 2013, the Fifth Circuit issued the first circuit court decision interpreting Dodd-Frank’s anti-retaliation provision....more