News & Analysis as of

Fraud › Adverse Employment Action

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Conn Maciel Carey LLP

The easier-to-satisfy “contributing factor” framework is enough to prove whistleblower protection under the Sarbanes-Oxley Act.

Conn Maciel Carey LLP on

The Sarbanes-Oxley Act (“Act” or ”SOX”) shields whistleblowers from retaliation for reporting any wrongdoing by publicly traded companies. Recently, in Murray v. UBS Securities, LLC, the U.S. Supreme Court evaluated the...more

Bricker Graydon LLP

Landmark Ruling Redefines Whistleblower Protection Under Sarbanes-Oxley Act

Bricker Graydon LLP on

On February 8, 2024, the United States Supreme Court released a unanimous opinion confirming that a whistleblower does not need to show their employer’s actions were made with “retaliatory intent” to be protected under the...more

Gray Reed

Where Am I and How Did I Get Here (In This Venue)?

Gray Reed on

In June 2019, David Dunwoody (“Dunwoody”) left his position as President of EnVen Energy Corporation (“EnVen”) amidst a scandal centering around his alleged involvement in a kickback scheme.  Dunwoody sued EnVen, the oil...more

Proskauer - Whistleblower Defense

E.D. Pennsylvania Limits Protected Activity Under SOX

Proskauer - Whistleblower Defense on

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

Kelley Drye & Warren LLP

Tide of Circuit Courts Finding Paid Suspension Is Not An Adverse Employment Action Grows

Kelley Drye & Warren LLP on

In an issue of first impression, the Third Circuit Court of Appeals ruled Wednesday, August 12, that a paid suspension does not constitute an adverse employment action under Title VII, joining the unanimous opinion of the six...more

Genova Burns LLC

Third Circuit Rules A Paid Suspension Is Not An Adverse Employment Action

Genova Burns LLC on

On August 12, 2015, the Third Circuit ruled that a suspension with pay does not constitute an adverse employment action within the meaning of Title VII of the Civil Rights Act of 1964 (Title VII) and the Pennsylvania Human...more

Brownstein Hyatt Farber Schreck

Eighth Circuit Reminds Nonprofits They Are Subject to Whistleblower Laws

Brownstein Hyatt Farber Schreck on

Nonprofits help shape, empower, and strengthen many underserved communities with the aid of donors who believe and trust in the organization’s mission. These goodhearted missions come with accountability to both donors and...more

Proskauer - Whistleblowing & Retaliation

District Court Denies Summary Judgment On Internal Audit/SOX Administrator’s Whistleblower Claim

Proskauer - Whistleblowing & Retaliation on

In denying a bank’s bid for summary judgment on an Internal Audit and SOX Administrator’s SOX whistleblower claim, the U.S. District Court for the Western District of Washington highlighted the present conflict on the...more

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