News & Analysis as of


In Florida One-Event Sexual Advance at a Non-Work Sponsored Party Can Support Sexual Harassment and Retaliation Claims

by Hinshaw & Culbertson LLP on

Florida’s Fourth District Court of Appeal recently decided two questions of first impression under Florida law: (1) whether a one-event sexual advance at a private, non-work sponsored party may support sexual harassment and...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The DOJ is expanding its Wells Fargo sales probe into the bank’s wealth management division, a troubling move for an organization still trying to right the ship in its retail-banking unit where the sham-account scandal...more

Recovering Alcoholic’s Claims Dismissed Because He Did Not Show He Was “Disabled”

by Jackson Lewis P.C. on

A federal court in New York dismissed all claims asserted by a recovering alcoholic under the Americans with Disabilities Act and the Rehabilitation Act for numerous reasons including that he did not show he was “disabled.”...more

Through Good Times and Bad: Husband Has Retaliation Claim Based on Assisting Spouse’s Pregnancy Discrimination Claim

by Sherman & Howard L.L.C. on

A federal district court in Kansas denied a car dealership’s motion for summary judgment regarding a former sales manager’s retaliation claims. Specifically, the sales manager contended that the company fired him because he...more

Timing Is Everything When Firing Someone

by Shipman & Goodwin LLP on

A recent decision from a federal court in Connecticut serves as a reminder of something you will likely hear whenever you consult a lawyer about the possibility of terminating an employee. Has the employee recently engaged in...more

Fifth Circuit Emphasizes Narrowed Liability for Employee Transfer Under the Louisiana Whistleblower Statute

The Fifth Circuit Court of Appeals affirmed the U.S. District Court for the Western District of Louisiana’s grant of summary judgment under the Louisiana whistleblower law, Louisiana Revised Statutes section 23:967, in favor...more

New Mexico Supreme Court Rejects a Heightened Evidentiary Burden on a Plaintiff in a Reverse Race Discrimination Case

by Littler on

In Garcia v. Hatch Valley Public Schools, the New Mexico Supreme Court recently examined whether a plaintiff has a relatively heightened evidentiary burden in proving a reverse discrimination claim brought under the New...more

Red Notice Newsletter - Russian

ANTICORRUPTION DEVELOPMENTS – U.S. Agencies Decline to Prosecute Teradata for Alleged FCPA Violations – On February 26, 2018, Teradata Corporation, an Ohio-based enterprise software database management company,...more

Red Notice Newsletter - Chinese

ANTICORRUPTION DEVELOPMENTS – U.S. Agencies Decline to Prosecute Teradata for Alleged FCPA Violations – On February 26, 2018, Teradata Corporation, an Ohio-based enterprise software database management company,...more

Healthcare Fraud & Abuse Review 2017

by Bass, Berry & Sims PLC on

A LOOK BACK... A LOOK AHEAD - While the uncertainty associated with legislative efforts to repeal the Patient Protection and Affordable Care Act (PPACA) dominated most of the headlines for the healthcare industry last year,...more

Supreme Court Limits the Definition of Whistleblower for Anti-Retaliation

by Weiner Brodsky Kider PC on

In an opinion that settled a circuit split, the Supreme Court has decided that the definition of “whistleblower” in the Securities Exchange Act of 1934 is limited to employees who provide information relating to violations of...more

Business Litigation Alert: "Supreme Court Clarifies – Dodd-Frank Whistleblowers Must Also Perform for the SEC for Protection"

by Porter Hedges LLP on

On February 21, the U.S. Supreme Court issued its opinion in the closely watched whistleblower case Digital Realty Trust, Inc. v Somers. In a unanimous ruling, the Court stated that whistleblowers must report any wrongdoing...more

Sixth Circuit to Employers: No ‘Magic Words’ Make a Sex Discrimination Complaint Title VII Protected Activity

Employers beware: An employee does not have to use “magic words” to complain about discrimination for it to lay the basis for a retaliation claim. The Sixth Circuit made this point in a unanimous opinion in the case of Mumm...more

New Limits on Whistleblower Protection: SCOTUS Makes SEC Reporting a Mandatory Requirement

Resolving a Circuit split, the United States Supreme Court unanimously held last week that an employee must report a securities violation to the Securities and Exchange Commission if he wishes to avail himself of the...more

Is Having an Office Romance A Good Idea?

by Jaburg Wilk on

You’re young, embarking on a career and very attracted to a co-worker who flirts with you at your new job. You’re sure the two of you were made for each other and, after all, you’re only human. So, you boost the courage to...more

US Supreme Court Narrows Dodd-Frank Act Whistleblower Protections

by White and Williams LLP on

The US Supreme Court recently resolved a long-standing split amongst the Circuits regarding whether the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Act) protects both internal and external whistleblowers....more

SEC Whistleblower Update

by McDermott Will & Emery on

The Supreme Court recently clarified the scope of SEC whistleblower retaliation provisions. Though the decision limits retaliation actions, employers should continue to avoid conduct that can be interpreted as retaliation...more

New Jersey Legislature Considering Bill Prohibiting Waiver of Employees’ Rights Under Discrimination Laws

by Reed Smith on

The New Jersey Legislature is considering a bill with potentially far-reaching implications for employment contracts and agreements resolving discrimination, harassment or retaliation claims. Bill S121/A1241 precludes the...more

Supreme Court Limits Scope of Whistleblower Protections under Dodd-Frank: Items of Note and Potential Impacts

by Vedder Price on

On February 21, 2018, the United States Supreme Court (the “Supreme Court”) resolved a circuit split on the question of whether the whistleblower anti-retaliation provision in Section 922 of the Dodd-Frank Wall Street Reform...more

Key Whistleblower Decision Addresses Scope of Dodd-Frank Protections

In a unanimous decision issued on February 21, 2018, the U.S. Supreme Court held that the anti-retaliation provisions of the 2010 Dodd-Frank law protect only those whistleblowers who report information to the Securities and...more

EEOC Sues Compass Group USA For Sex Discrimination and Retaliation

Food Service Supplier for UTMB Denied Female Employee a Promotion Due to Her Sex, Federal Agency Charges - HOUSTON - Morrison Management Specialists Inc., a division of Compass Group USA Inc., unlawfully denied a...more

People Are the Cause, and the Solution, to Sexual Harassment in the Workplace | #YCDEthics

by NAVEX Global on

Sexual harassment is not a new issue. However, awareness of, and tolerance for it has evolved in recent years. What’s different now is that we have reached a tipping point – a reckoning, if you will – for organizations and...more

U.S. Supreme Court Clarifies Scope Of Whistleblower Protections Under Dodd-Frank

On February 21, 2018, in the case of Digital Realty Trust, Inc. v. Somers, the United States Supreme Court unanimously decided that employees who raise internal complaints about possible violation of securities laws are not...more

Blowing the Whistle Internally Is Not Enough to Be Covered by the Anti-Retaliation Provisions of the Dodd-Frank Act

by Blank Rome LLP on

On February 21, 2018, the U.S. Supreme Court issued a much anticipated decision in Digital Realty Trust, Inc. v. Paul Somers that the anti-retaliation protections of the Dodd-Frank Wall Street Reform and Consumer Protection...more

That’s What Friends Are For: Federal Court Extends Retaliation Protection To Employee’s Friend

by Jackson Lewis P.C. on

Picture this scenario: Employee A brings a sexual harassment claim against Company. Employee B, who is friendly with Employee A believes the Company has taken adverse actions against her because of her friendship with...more

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