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Ill. Supreme Court: All BIPA Claims Have a Five-Year Statute of Limitations

On February 2, 2023, the Illinois Supreme Court reversed in part the decision of an Illinois Appellate Court and held that all claims brought pursuant to Section 15 of the Illinois Biometric Information Privacy Act (“BIPA”),...more

Illinois Appellate Court Addresses Statute of Limitations Period for BIPA Claims

On September 17, 2021, an Illinois Appellate Court addressed the appropriate statute of limitations period for claims brought pursuant to the Illinois Biometric Information Privacy Act (“BIPA” or the “Act”), 740 ILCS §...more

7th Circuit Affirms Denial of Equitable Tolling of Statute of Limitations Under SOX

On March 22, 2021, the Seventh Circuit affirmed a decision by the ARB dismissing a whistleblower retaliation complaint under SOX for failure to file within the 180-day statutory deadline.  Xanthopoulos v. U.S. Department of...more

E.D. Kentucky Dismisses SOX and Dodd-Frank Whistleblower Counter-Claims

On March 17, 2016, the Eastern District of Kentucky dismissed whistleblower counter-claims against Allstate Insurance Company (“Company”), ruling that Defendant Kevin Keefe’s (“Plaintiff”) SOX claim was untimely and that his...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

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

ARB Says Equitable Modification of SOX Statute of Limitations Saves Untimely Complaint

On March 29, 2013, the Department of Labor’s Administrative Review Board (“ARB”) ruled that a “standstill” agreement between an employer and employee that required both parties to provide notice before initiating legal...more

National Defense Authorization Act: Generous Whistleblower Protections for Employees of Government Contractors On The Horizon

Awaiting President Obama’s signature, Sections 827 and 828 of the National Defense Authorization Act for Fiscal Year 2013 (NDAA) would enhance the whistleblower protections of contractor and subcontractor employees for the...more

ARB Says “Convenience Leave” Letter Does Not Trigger SOX Statute of Limitations

On August 31, 2012, the Administrative Review Board (ARB) of the U.S. Department of Labor (DOL) liberally interpreted the standard governing when the SOX statute of limitations clock starts ticking, ruling that a letter...more

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