News & Analysis as of

Whistleblowers Termination Whistleblower Protection Policies

Warner Norcross + Judd

MSC Denies Review Where Whistleblower ‘Reported’ to Own Lawyer

Warner Norcross + Judd on

In early December, the Michigan Supreme Court issued an order denying leave to appeal in McNeill-Marks v. MyMichigan Medical Center Alma,* a case involving fundamental questions regarding the meaning and application of...more

Willcox & Savage

Avoiding Costly Whistleblower Claims for Alleged Retaliatory Conduct After An Employee’s Workplace Safety Complaint – Pointers...

Willcox & Savage on

A federal court recently awarded an employee $9.8 million in a safety retaliation case. See Sanders v. BNSF Ry. Co., 2022 BL 432941, No. 0:17-cv- 05106 (D. Minn. Dec. 5, 2022). A jury found that the railway employer...more

Jackson Lewis P.C.

Seventh Circuit Affirms Summary Judgment Ruling Against Illinois Employee Who Refused to Participate in Sale of Product Banned in...

Jackson Lewis P.C. on

A recent Seventh Circuit decision interpreting Illinois law affirmed the district court’s ruling that an employee’s refusal to engage in activity illegal in New York, but not in Illinois, was neither protected under the...more

McDermott Will & Emery

Neues zum Whistleblowing – Neuer Referentenentwurf zum Hinweisgeberschutzgesetz

McDermott Will & Emery on

Am 13. April 2022 veröffentlichte das Bundesministerium der Justiz einen Referentenentwurf für ein Hinweisgeberschutzgesetz („HinSchG-E“). Umgangssprachlich als „Whistleblowergesetz“ bezeichnet, setzt es eine entsprechende...more

Polsinelli

SDNY Rejects Director Liability for Sarbanes-Oxley Whistleblower Claims, Creating a Split Among Federal District Courts

Polsinelli on

Public company directors, who are under constant threat of claims, received welcome news earlier this month.  On December 9, 2019, the U.S. District Court for the Southern District of New York ruled that corporate directors...more

Proskauer - Whistleblower Defense

Alabama Federal Court Denies Motion for Summary Judgement on SOX Whistleblower Claim

On April 2, 2019, the U.S. District Court for the Northern District of Alabama denied a defendant-employer’s motion for summary judgment on a SOX whistleblower retaliation claim, finding genuine issues of material fact...more

BakerHostetler

Supreme Court's Upcoming Whistleblower Decision May Dramatically Impact Compliance Programs

BakerHostetler on

On November 28, 2017, the United States Supreme Court heard oral argument on whether whistleblowers are entitled to protection from retaliation under Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection...more

Proskauer - Whistleblower Defense

E.D. Pennsylvania Limits Protected Activity Under SOX

In Westawski v. Merck & Co., No. 14-cv-3239 (E.D. Pa. Oct. 18, 2016), the Eastern District of Pennsylvania granted Defendant Merck & Co. (Company) summary judgment on Plaintiff Joni Westawski’s (Plaintiff) SOX whistleblower...more

FordHarrison

Does New Jersey's Conscientious "Everyone" Protection Act Trump the NLRB's Exclusive Jurisdiction? State Supreme Court says "Yes"...

FordHarrison on

Executive Summary: Just when employers thought New Jersey's Supreme Court could not expand the state's whistleblower law further (as we reported last summer), the Conscientious Employee Protection Act (CEPA) once again has...more

Miller Canfield

Whistleblower Claims Cannot be Based on Future or Planned Acts in Michigan

Miller Canfield on

On February 1, the Michigan Supreme Court ruled that an employee cannot bring a claim under the Michigan Whistleblowers’ Protection Act (WPA) if the employee only reported or threatened to report future, planned or...more

Proskauer - Whistleblowing & Retaliation

Connecticut Court Clarifies SOX Whistleblower Pleading Standard

On December 15, 2015, the District of Connecticut refused to dismiss a SOX whistleblower retaliation claim, ruling that: (1) the heightened Rule 9(b) pleading standard for fraud claims does not apply to SOX whistleblower...more

Proskauer - Whistleblowing & Retaliation

N.D. Cal.: Internal Whistleblowers Are Protected and May Sue Individual Directors

On October 23, 2015, the U.S. District Court for the Northern District of California largely denied a motion to dismiss a whistleblower retaliation claim brought by a company’s former general counsel, ruling that: (I) the SOX...more

Proskauer - Whistleblowing & Retaliation

Cal. App. Court Finds in Favor of Whistleblower Who Never Complained of Unlawful Conduct by the Employer

In Cardenas v. M. Fanaian, D.D.S., Inc., Case No. F069305 (Cal. App. 5 Dist.), a California Court of Appeal determined that Plaintiff Cardenas could pursue a California Labor Code Section 1102.5 retaliation claim against her...more

Manatt, Phelps & Phillips, LLP

Corporate Investigations & White Collar Defense - October 2015

"Wherefore Art Thou Due Process?" Part III - Why it matters: It is time for another installment in our continuing "Wherefore Art Thou Due Process?" coverage into the ongoing constitutional challenges to the SEC's...more

Foley & Lardner LLP

A Review of Recent Whistleblower Developments

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Second Circuit Splits from Fifth Circuit on Whistleblower SEC Reporting Obligations On September 10, 2015, the Second Circuit in Berman v. Neo@Ogilvy LLC, 2015 U.S. App. LEXIS 16071 (2d Cir. 2015), ruled that...more

Proskauer - Whistleblowing & Retaliation

N.D. Illinois Grants Summary Judgment Against SOX Whistleblower

On August 26, 2015, the U.S. District Court for the Northern District of Illinois granted summary judgment on a whistleblower retaliation claim under Section 806 of SOX, holding that Plaintiff Ivor Hill failed to establish a...more

K&L Gates LLP

Case Alert: Employee Fairly Dismissed for Contacting the Information Commissioner's Office Against Instructions

K&L Gates LLP on

What happened? In Barton v Royal Borough of Greenwich, the Employment Appeal Tribunal (the "EAT") decided that an employee was fairly dismissed for misconduct after failing to adhere to his employer's instructions not to...more

Jaburg Wilk

Arizona's "Whistleblower" Laws: Tread Carefully

Jaburg Wilk on

A “whistleblower” is someone who reports to management (or in some cases state and federal agencies) that they believe someone in their company is engaged in illegal conduct. There are numerous federal statutes that provide...more

Porter Hedges LLP

Business Litigation Alert: U.S. Supreme Court Set to Decide High Profile Whistleblower Case

Porter Hedges LLP on

On November 4, the U.S. Supreme Court heard the case Department of Homeland Security v. MacLean - a whistleblower protection case that is being closely watched. At issue is whether an employee can be terminated for...more

Eversheds Sutherland (US) LLP

Federal Courts Take Divergent Approaches to Jury Trials for Whistleblower Plaintiffs Under Dodd-Frank and Sarbanes-Oxley

A recurring question under the federal whistleblower laws is whether plaintiffs suing their employers for retaliation have the right to a jury trial. The Dodd-Frank Wall Street Reform and Consumer Protection Act1 appears...more

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