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ARB: SOX Whistleblower Provision Does Not Apply Extraterritorially

In a pair of recently issued decisions, the Department of Labor’s Administrative Review Board (ARB) held that Sarbanes Oxley’s anti-retaliation provision does not apply extraterritorially. Hu v. PTC, Inc., ARB Case No....more

ARB Affirms Dismissal of SOX Whistleblower Claim Against Non-Public Companies

The ARB recently affirmed the dismissal of a whistleblower retaliation claim under Section 806 of SOX, holding an employer is not a “contractor” covered by SOX simply because it was a party to a contract with a publicly...more

Missouri Court of Appeals Upholds $1.5 Million Whistleblower Jury Verdict

On January 22, 2018, the Missouri Court of Appeals upheld a jury verdict awarding approximately $1.5 million in damages to a radiation oncologist after finding that she had been constructively and wrongfully terminated in...more

Two Illinois Federal Courts Rule That Illinois Whistleblower Act May Provide For Individual Liability

Two courts in the Northern District of Illinois recently ruled that the Illinois Whistleblower Act (IWA) (740 ILCS § 174/5) provides for individual liability.  Bello v. Village of Skokie, No. 14-cv-1718 (N.D. Ill. Sept. 2,...more

New Jersey District Court: Dodd-Frank Protects Internal Whistleblower

Further reflecting the divide amongst courts regarding the definition of “whistleblower” under the Dodd-Frank Act, the District Court of New Jersey recently held that an employee who internally reports an alleged securities...more

Second Circuit Entertains Argument on Scope of Dodd-Frank Whistleblower Provision

The Second Circuit recently entertained oral argument in Berman v. Neo@Ogilvy, focusing on whether the Dodd-Frank whistleblower protection provision covers individuals who only complain internally about alleged securities law...more

California District Court Holds that Internal Tipsters Are Protected Under Dodd-Frank

On May 5, 2015, in Somers v. Digital Realty Trust Inc., No. C-14-5180, the U.S. District Court for the Northern District of California held that an internal complaint of an alleged securities law violation is sufficient to...more

SEC’s Limit on Retroactivity of Dodd-Frank Whistleblower Bounty Awards Is Reasonable, Second Circuit Holds

The Second Circuit Court of Appeals recently deferred to the SEC’s determination that a tipster who provided information to the Commission before July 21, 2010, the effective date of the Dodd-Frank Act, is not eligible to...more

NY Whistleblower Bounty Program On The Horizon?

NY Attorney General Eric Schneiderman recently announced his plans to propose legislation that would create a whistleblower incentive program at the state level. The proposal, titled the Financial Frauds Whistleblower Act,...more

4th Circuit: 4 Year Statute Of Limitations Applies To SOX Claims

The Fourth Circuit recently held that SOX whistleblower retaliation claims are subject to a four-year statute of limitations and that emotional distress damages are available in SOX actions. Jones v. SouthPeak Interactive...more

SDNY Follows Asadi: Internal Tipsters Not Dodd-Frank “Whistleblowers”

On December 5, 2014, the Southern District of New York in Berman v. Neo@Ogilvy, No. 14-cv-523, ruled that an employee who complains internally about securities law violations does not qualify as a “whistleblower” under the...more

New York Times Discusses the Growth of Whistleblower Programs

As federal agencies dole out record-breaking awards to tipsters (such as the SEC’s recent $30 million award), whistleblower programs remain a topic of public interest. Earlier this month, The New York Times published an...more

ARB Affirms Blacklisting Award To Whistleblower

The ARB upheld a damages award in favor of a whistleblower after his former employer purportedly “blacklisted” him by providing an apparently negative employment reference to a prospective employer. Timmons v. CRST Dedicated...more

SEC Issues Whistleblower Award, Waives Voluntary Requirement

The Securities and Exchange Commission (SEC) decided that a whistleblower who did not “voluntarily” provide information to the SEC was nonetheless eligible to receive a monetary award of $400,000. The whistleblower’s...more

Nebraska District Court: Employee’s Disclosures To FINRA Make Her A Dodd-Frank Whistleblower

In a first-impression decision, the U.S. District Court for the District of Nebraska recently ruled that an employee who disclosed information about potential securities law violations to FINRA may qualify as a...more

New York Court of Appeals Expands Potential For State Whistleblower Claims

The New York Court of Appeals recently ruled that a whistleblower need not plead the specific “law, rule or regulation” that the employer purportedly violated to state a cause of action under the New York whistleblower...more

Assistant Secretary of Labor for Occupational Safety and Health Asks Congress to Increase OSH Act Whistleblower Statute of...

On April 29, 2014, David Michaels, the Assistant Secretary of Labor for Occupational Safety and Health, testified before the U.S. Senate subcommittee of the Committee on Health, Education, Labor and Pensions regarding...more

Illinois Whistleblower Awarded $3 Million Following Jury Trial

In what appears to be an alarming trend for employers, the Chicago Tribune recently reported that a former Chicago State University employee was awarded $3 million after a Cook County, Illinois jury found that the University...more

SEC’s Strategic Plan Includes Reliance On Whistleblower Tips

The U.S. Securities and Exchange Commission (SEC) published (for public comment) a draft strategic plan, which sets forth its goals and objectives for fiscal years 2014 through 2018. The SEC’s “strategic objectives” include:...more

Trends In N.J. Whistleblowing And Retaliation Law – 2013 Roundup

2013 was a busy year for whistleblowing and retaliation law in New Jersey. This blog post summarizes noteworthy statutory and judicial developments for employers to consider in the new year....more

ARB: “Clear And Convincing Evidence” Needed To Support After-Acquired Evidence Doctrine

The ARB recently ruled that an employer advancing an after-acquired evidence defense in an AIR 21 whistleblower case must prove the defense by clear and convincing evidence. Clemmons v. Ameristar Airways, Inc., ARB No....more

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