News & Analysis as of

Whistleblowers Private Right of Action

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

Cozen O'Connor

Can an employer prevent a Section 11(c) whistleblower from getting double damages in a settlement agreement and release of a...

Cozen O'Connor on

In a recent decision in the Eastern District of New York, Walsh v. Community Health Center of Richmond, Inc., et al., 21-CV-3094 (ARR)(TAM), the court held that OSHA has the right to pursue individual damages for a...more

Husch Blackwell LLP

California Whistleblower Statute's Lower Evidentiary Standard Governs Retaliation Claims

Husch Blackwell LLP on

On January 27, 2022, in the unanimous decision Wallen Lawson v. PPG Architectural Finishes, Inc., the California Supreme Court (Court) clarified the applicable evidentiary standard for the presentation and evaluation of...more

Haug Partners LLP

The Defend Trade Secrets Act: An Overview and Key Developments

Haug Partners LLP on

Four years have passed since Congress enacted the Defend Trade Secrets Act (“DTSA”) in 2016, and federal courts have developed a new body of law based on this relatively young statute. The DTSA provides a private civil cause...more

Hogan Lovells

Major changes coming to Virginia employment laws on July 1, 2020; prepare now with this employer checklist

Hogan Lovells on

Virginia has substantially rewritten its employment laws to provide a number of new protections and rights to employees in the areas of employment discrimination, whistleblower protection, non-compete agreements, independent...more

Epstein Becker & Green

[Webinar] New Virginia Employment Laws: What Employers Need to Know - June 16th, 12:30 pm - 1:30 pm ET

The employment law landscape in Virginia will undergo a seismic shift effective July 1, 2020. Since April 2020, Governor Ralph Northam has signed roughly two dozen bills into law that will significantly impact employers,...more

Spilman Thomas & Battle, PLLC

The Dome Report - 2020 West Virginia Legislature Update: Issue 5

The 2020 Regular Session of the West Virginia Legislature is now entering the final stretch with only a little less than two weeks left. No new bills may be introduced in either chamber (though a committee may still originate...more

Proskauer - Not for Profit/Exempt...

Brooklyn Supreme Court Recognizes Private Right of Action for Not-for-Profit Employees under New York Nonprofit Revitalization Act...

Not-for-Profit Corporation Law (“NPCL”) § 715-b, enacted as part of the New York Nonprofit Revitalization Act, requires New York not-for-profit corporations with 20 or more employees and annual revenue in excess of $1 million...more

Cadwalader, Wickersham & Taft LLP

Revitalization Act Held to Grant Whistleblower Implied Private Right of Action

On October 24, 2016 the New York Supreme Court, Kings County entered a decision allowing a former employee to proceed with a lawsuit against a not-for-profit, private college preparatory school and its headmaster alleging...more

Kelley Drye & Warren LLP

Whistleblowing as a Private Right of Action in New York?

The venerable New York Whistleblower Protection Act has long allowed employees to report misconduct by their employer, at which point the public interest could be vindicated by the state Attorney General. But does an employee...more

Porter Hedges LLP

Employment Alert: "Federal Protection of Trade Secrets - the Defend Trade Secrets Act of 2016"

Porter Hedges LLP on

Earlier this year, Congress passed the Defend Trade Secrets Act ("DTSA"), a comprehensive amendment of existing legislation that previously addressed economic espionage and now provides for a private federal civil cause of...more

Ladas & Parry LLP

Trade Secrets: Changes In The Law On Protection Of Trade Secrets In The United States And European Union

Ladas & Parry LLP on

Concerns about trade secret theft have been increasing in both the United States and Europe in recent years. Traditionally, American law disfavored trade secret protection vis à vis patenting on the basis that publication of...more

Saul Ewing LLP

Congress Enacts Federal Trade Secrets Law

Saul Ewing LLP on

The U.S. House of Representatives recently passed legislation that would protect businesses from the growing threat of trade secrets theft. Under the new legislation, businesses will have a new and powerful option to bring...more

Littler

Proposed New York City Law Would Be First in Nation to Provide a Private Right of Action for Discrimination Against the Unemployed

Littler on

The New York City Council recently passed a proposed law (Bill 814-A) that would prohibit employers in the city from discriminating against unemployed individuals. Although Mayor Bloomberg has promised to veto the bill, the...more

Proskauer - Whistleblower Defense

OIG Report On SEC Whistleblower Program: Praise, Suggestions & Conclusion That Private Right Of Action Would Be Premature

On January 18, 2013, the Securities and Exchange Commission’s (SEC) Office of Inspector General (OIG) released its report titled Evaluation of the SEC’s Whistleblower Program. The report presented a largely positive review of...more

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