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This month the Washington State Court of Appeals, Division III issued a ruling in Becker v. Community Health Systems, Inc. that expands protections in a wrongful termination action based on violation of a public policy....more
In California, employees who blow the whistle are protected from retaliation by Labor Code § 1102.5(b) which provides...more
The Dodd-Frank Wall Street Reform and Consumer Protection Act was heralded as providing whistle-blowing employees protection from retaliation by their employers. In Liu v. Siemens AG, handed down last week, the Second Circuit...more
The Court of Appeals for the Second Circuit ruled today that the Dodd-Frank Act's prohibition on retaliation against whistleblowers does not apply extraterritorially. In affirming the dismissal of the case on...more
On August 8, 2014, the Second Circuit affirmed the dismissal of a SOX whistleblower retaliation claim brought by a former AECOM Technology Corp. (“Company”) employee, holding that he did not engage in protected activity...more
On June 16, 2014, the U.S. Securities and Exchange Commission (SEC) resolved its first whistleblower retaliation enforcement action. The SEC’s order against Paradigm Capital Management, Inc. is the first-ever enforcement...more
In the December 2013/January 2014 issue of the Immigration eAuthority, we reported that California had enacted several new laws that provide California workers, who are seeking to change their personal information, engage in...more
Over the last few years, we've seen how the power of whistleblowers can effect change, hold companies accountable and stop corruption. The spotlight on the critical role they could have played is seen in the absence of them...more
5 employment law challenges that in-house counsel will face in the coming year and how to get out ahead of them....more
Otto von Bismarck once said, “Laws are like sausages, it is better not to see them being made.” Fortunately, the government that makes the laws does want to see the sausage being made and, as such, has instituted new...more
One of the advantages of working for one of the premiere whistleblower hotline providers is that I stay up to date on notable GRC happenings. In my past life, I didn’t even really understand what a whistleblower was, much...more
The U.S. Securities and Exchange Commission (SEC or Commission) issued a cease and desist order on June 16, 2014 (the Order) against Paradigm Capital Management, Inc. (Paradigm) and its founder, Director, President and Chief...more
In recent weeks, New Jersey’s primary whistleblower statute—the Conscientious Employee Protection Act (“CEPA”)—has been the subject of increased judicial scrutiny.
In Hitesman v. Bridgeway, Inc., 214 N.J. 235 (2014),...more
In a warning to plaintiffs’ counsel who seek emotional distress damages for alleged whistleblower retaliation under Florida law, the Eleventh Circuit in Smith v. Psychiatric Solutions, Inc., 750 F.3d 1253 (11th Cir. May 6,...more
The U.S. Fourth Circuit Court of Appeals ruled recently that an employee’s termination after reporting his company’s potential connection to export violations and insider trading did not amount to a retaliatory discharge...more
The SEC settled administrative proceedings against an investment adviser, Paradigm Capital Management, Inc. (the “Adviser”), and Candace King Weir, the Adviser’s principal owner (the “Principal”), over violations of the...more
The Reverend Martin Luther King, Jr. once said, “Darkness cannot drive out darkness; only light can do that.” Following a rash of financial calamities largely caused by risky and illegal conduct within publicly traded...more
Every company claims that they encourage a “speak up” culture. As part of a “speak up” culture, companies encourage managers and employees to raise concerns about potential violations and promise not to retaliate against...more
In announcing its first enforcement action for retaliating against a whistleblower, the U.S. Securities and Exchange Commission (SEC) sends a strong message to firms: it is serious about bringing charges against companies...more
On June 16, 2014, the SEC entered an order (the “Order”) instituting cease and desist proceedings against an investment adviser, Paradigm Capital Management, Inc. (“Paradigm”), and Paradigm’s founder, Director, President,...more
Winston Churchill once said, “Courage is what it takes to stand up and speak. Courage is also what it takes to sit down and listen.” Whistleblowers take it upon themselves to stand up and speak when they believe something is...more
The Department of Veterans Affairs has been assaulted from all sides in light of recent revelations regarding the quality of care and administration cover-ups. With the alleged misconduct so pervasive, it may seem surprising...more
Effective July 1, 2014, a new law (T.C.A. § 29-39-104) changes the exposure for Tennessee employers subject to the Tennessee Human Rights Act (“THRA”) and the Tennessee Public Protection Act (“TPPA”). The law limits...more
On June 16, 2014, the Securities and Exchange Commission (SEC) issued an order against Paradigm Capital Management, Inc. (Paradigm), a registered investment adviser, and its principal for engaging in principal trades without...more
Investment adviser and its owner settle SEC enforcement action for nearly US$2.2 million.
On June 16, 2014, the US Securities and Exchange Commission issued a cease and desist order and assessed a US$300,000 civil...more
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