News & Analysis as of

Whistleblowers Anti-Retaliation Provisions

S.D.N.Y Dismisses Dodd-Frank Whistleblower Action

On February 5, 2018, U.S. District Court for the Southern District of New York granted Defendant Khan Funds Management America, Inc.’s Rule 12(b)(6) motion to dismiss a whistleblower retaliation claim under Dodd-Frank on the...more

Four Employment Law Issues to Watch in 2018

by Zuckerman Spaeder LLP on

1. Does Title VII Protect Against Discrimination Based on Gender Identification or Sexual Orientation? The Supreme Court has not yet resolved whether Title VII of the Civil Rights Act—which forbids discrimination in...more

And the False Claims Act Makes Three – 3rd Circuit Applies the More Employer-Friendly Title VII Retaliation and ADEA “But-for”...

by PilieroMazza PLLC on

She was a director of marketing for a drug company who had received a performance improvement plan to address issues related to her relationships with co-workers and supervisors. But she had also raised concerns about the...more

Third Circuit Holds that Heightened “But For” Causation is Required for FCA Retaliation Claims

In United States ex rel. DiFiore v. CSL Behring, LLC, the U.S. Court of Appeals for the Third Circuit held that the anti-retaliation provision of the False Claims Act (“FCA”) requires a whistleblower to show that the...more

Third Circuit Requires But-for Causation for False Claims Act/Off Label Retaliatory Claim  

by Reed Smith on

Today we are talking about a case that is not exactly in the heartland of what we generally examine. It is not a product liability or mass tort case. But it is reasonably close. It is kind of an off label promotion/False...more

Senate Passes Antitrust Whistleblower Anti-Retaliation Legislation

by Baker Donelson on

On November 15, the Senate passed the "Criminal Antitrust Anti-Retaliation Act of 2017," S. 807. legislation by unanimous consent. The legislation, introduced in April of 2017 by co-sponsors Senator Chuck Grassley (R-IA) and...more

Top Ten Laws Affecting California Employers in 2018

by Nilan Johnson Lewis PA on

The California legislature and governor have had another busy year adding new laws and regulations for California employers. The changes hit virtually every aspect of the employment relationship – including applications,...more

"A to Z" of What California Employers Need to Know for 2018

by BakerHostetler on

With the New Year come new laws that affect California employers. The following is the “A to Z” of changes in the law that may affect your business in 2018. Effective January 1, 2018, California’s Fair Pay Act will extend...more

SEC’s Office of the Whistleblower Ends 2017 With a Bang

Just in time for the holiday season, the U.S. Securities and Exchange Commission (“SEC” or “Commission”) has brought joyful news to three whistleblowers who will receive substantial awards of over $8 million each to two...more

Maryland District Court Denies Summary Judgment on CFPA Whistleblower Claim

The U.S. District Court for the District of Maryland recently denied a motion for summary judgment in a whistleblower retaliation claim under the Consumer Financial Protection Act of 2010 (CFPA), Section 1057 of Dodd-Frank,...more

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

by 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

Senate Passes the Criminal Antitrust Anti-Retaliation Act, and Takes Another Shot at Increased Protections for Whistleblowers

On November 15, 2017, the United States Senate passed the Criminal Antitrust Anti-Retaliation Act of 2017 (“CAARA”). This Act would amend the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (“ACPERA”), and would...more

Digital Realty Trust, Inc. v. Somers Oral Argument Recap

As we have previously noted here, in Digital Realty Trust, Inc. v. Somers, the United States Supreme Court will decide how to interpret the term “whistleblower” under the Dodd-Frank Act, and how to apply the term to the Act’s...more

SEC Issues $4.1 Million Award to Overseas Whistleblower

On December 5, 2017, the SEC announced a whistleblower award of more than $4.1 million to an overseas former company insider. The SEC declined to disclose the identity of the whistleblower or the company at issue...more

Whistleblower Status Up For Debate Before SCOTUS: Digital Realty Trust Inc. v. Somers

The nation’s top court will soon decide a key aspect of how employers should handle employee complaints about possible fraud or financial wrongdoing in the company that may violate federal laws. These situations provide...more

Where the Whistle Blows: Justices Express Doubt That Dodd-Frank Protection Shields Internal Whistleblowing

by Zuckerman Spaeder LLP on

When Congress passed the Dodd-Frank Act in 2010, it bolstered protections for whistleblowers who report certain kinds of misconduct, such as violations of securities law. At the time, the Sarbanes-Oxley Act already provided...more

Blog: SCOTUS hears oral argument in Somers v. Digital Realty Trust: Dodd-Frank whistleblower statute “says what it says”

by Cooley LLP on

Yesterday, in addition to hearing oral argument regarding state court jurisdiction over ’33 Act class actions (see this PubCo post), SCOTUS also heard oral argument in a second case, Somers v. Digital Realty Trust. This case...more

The Whistle Keeps Blowing: SEC Whistleblower Office Releases Its 2017 Annual Report

The SEC released its Fiscal Year 2017 Annual Report (the “Report”) to Congress on the Dodd-Frank Whistleblower Program on November 16, 2017. The Report analyzes the tips received over the last twelve months by the SEC’s...more

The Arguments in Digital Realty: A Glimpse of Future Battles

by Dorsey & Whitney LLP on

The Supreme Court heard argument in Digital Realty Trust, Inc. v. Paul Somers, No. 16-1276. The case centers on the question of who is a whistleblower and entitled to the protections of the Dodd-Frank anti-retaliation...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Bitcoin surged to over $11,000 yesterday before falling 20% later in the day, prompting this look from the Journal at the widespread lure of Bitcoin mania....more

The Supreme Court To Clarify Who Is A Whistleblower Under The Dodd-Frank Act; Employers Have A Reason To Be Hopeful

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Following oral argument, employers can be cautiously optimistic that the U.S. Supreme Court will hold that the Dodd-Frank Act’s anti-retaliation protections apply only to those employees who have made a...more

SEC Enforcement Division Releases 2017 Annual Report as Industry Looks Ahead to 2018

by Dechert LLP on

Stephanie Avakian and Steven Peikin, the new Co-Directors of the U.S. SEC Enforcement Division (“Division”), released a report on November 15, 2017, summarizing the Division’s enforcement activity for the fiscal year ending...more

Is an Internal Whistleblower a “Whistleblower” Entitled to Anti-Retaliation Protection Under the Dodd-Frank Act?

Who is a “whistleblower” entitled to protection under the anti-retaliation provisions of the Dodd-Frank Act (the “Act”)? In Digital Realty Trust, Inc. v. Somers, the United States Supreme Court will answer that question by...more

New York Whistleblower Awarded Over $1 Million...For Now

Last Tuesday, a former JPMorgan wealth manager was awarded $1.13 million by a jury in the Southern District of New York for her claims under the whistleblower provisions of the Sarbanes-Oxley Act. Nonetheless, the staggering...more

Turning Passive Detection into Active Incident Management

by NAVEX Global on

Effective incident management programs do not just exist, they are celebrated. The best programs achieve this by operationalizing their incident management programs into their organization’s DNA. This turns passive reporting...more

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Cybersecurity

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