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  • Article

    Employment: Ninth Circuit Rules Dodd-Frank Applies To Whistleblowers Who Have Not Reported To The SEC

    Last month, the Ninth Circuit ruled that Dodd-Frank protects whistleblowers who report wrongdoing internally rather than to the Securities and Exchange Commission.
    United StatesEmployment and HR
    Arnold & Porter
    Arnold & Porter
  • Podcast

    Episode 25 | Do You Hear That? Employers Facing Rise In OSHA Section 11(c) Whistleblower Complaints (Podcast)

    In recent years, the number of OSHA Whistleblower complaints has been steadily on the rise, but why? In the newest episode of Shoveling Smoke, Frantz Ward Partner Christina Niro joins host Chris
    United StatesEmployment and HR
Frantz Ward
Frantz Ward
  • Article

    Federal Register: CFTC Amends Rules To Protect Whistleblowers

    The CFTC adopted several rule amendments in order to better protect whistleblowers from retaliation and intimidation by their employers, and to establish a new review process for whistleblower claims.
    United StatesEmployment and HR
    Hogan Lovells Cadwalader
    Hogan Lovells Cadwalader
  • Article

    Fifth Circuit to Dodd-Frank Whistleblowers: Call the SEC

    The U.S. Court of Appeals for the Fifth Circuit’s decision last week in Asadi v. G.E. Energy (USA) has been hailed as a triumph for employers because it requires whistleblowers who bring retaliation claims under the Dodd–Frank Wall Street Reform and Consumer Protection Act to show that they suffered retaliation because they reported potential violations to the U.S. Securities and Exchange Commission.
    United StatesEmployment and HR
    Duane Morris LLP
    Duane Morris LLP
  • Article

    Former Accountant Could Proceed With Whistleblower Lawsuit

    Says Siri alleged she was terminated as the general ledger staff accountant for Sutter Home Winery in retaliation for having notified the state Board of Equalization and Sutter's general counsel in writing...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Further Expanding An Already Expansive NJ Whistleblowing Law

    Often touted as the most expansive state whistleblowing law in the U.S., New Jersey’s seemingly boundless Conscientious Employee Protection Act may get even broader.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Judge Rules That Dodd-Frank Whistleblowers Cannot Avoid Arbitration Agreements

    Last week, Judge Katherine Polk Failla of the Southern District of New York ruled that a plaintiff making claims under the whistleblower protection provisions of the Dodd-Frank Act must submit to arbitration in accordance with his contract for employment.
    United StatesEmployment and HR
    Waller Lansden Dortch & Davis
    Waller Lansden Dortch & Davis
  • Article

    Mike Delikat Discusses The Future Of The SEC's Whistleblower Office

    Mike Delikat, founder of Orrick's Whistleblower Task Force, recently spoke with The Wall Street Journal regarding the future of the U.S. Securities and Exchange Commission's Office of the Whistleblower...
    United StatesEmployment and HR
    Orrick
    Orrick
  • Article

    New York Times: Bounty Programs Incentivize Wrongdoers To Collect

    The Times article discusses how whistleblowing may reward wrongdoers by incentivizing bad behavior.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    No "Pleasure" For Florida Whistleblower

    Despite 14 pages of vigorous dissent, a majority of a three-judge panel of the Eleventh Circuit has done the right thing and joined the Fourth, Sixth and Ninth Circuits in holding that the National Bank Act preempts state wrongful discharge claims.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    OSHA Makes It Harder To Settle Whistleblower Claims

    As you may or may not know, OSHA administers the whistleblower portions of about 22 federal statutes.
    United StatesEmployment and HR
    Fisher Phillips LLP
    Fisher Phillips LLP
  • Article

    Retaliation Claim Fails Where Employer Not Aware Of Whistleblowing Activity

    A California federal district court held that absent evidence that an employer knew of the alleged protected activity, an employee cannot assert a claim under California’s whistleblower statute.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Revise Confidentiality Agreements To Ensure Compliance With Whistleblower Laws

    The FTC's plan to shut down non-competes might be on hold, but that doesn't mean that this area of controversy has gone totally quiet.
    United StatesEmployment and HR
    Shulman Rogers
    Shulman Rogers
  • Article

    SEC Issues Reduced Whistleblower Award Because Of Culpability And Delay In Reporting

    Whistleblowers who are culpable and unreasonably delay reporting wrongdoing may see their whistleblower awards reduced, following a recent SEC order.
    United StatesEmployment and HR
    Withers LLP
    Withers LLP
  • Article

    Storming The Castle: Employee Whistleblowing Under ACA

    Across the country, part-time employees and folks classified as "independent contractors" feel like second-class citizens.
    United StatesEmployment and HR
    Venable LLP
    Venable LLP
  • Article

    Summary Judgment Was Properly Granted To Employer In Whistleblower Case

    Cynthia J. Vatalaro sued the county for a violation of Cal. Lab. Code § 1102.5, alleging that the county illegally retaliated against her ...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    The Top 10 Trends In New Jersey Employment Law In 2014

    accessibility, accommodation, appeals, background investigations/checks, conviction, discrimination, Employee benefits, employee handbooks/policies, employment applications, FCRA, FLSA, FMLA, leaves of absence, minimum wage, New and Proposed Laws and Legislation, new jersey, posting notice requirements, pre-employment inquiries, pregnancy, privacy, reasonable accommodation, retaliation, sick time/leave, wage and hour
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Time To Review Internal Confidentiality Agreements

    Effective January 19, 2017, pursuant to Federal Acquisition Regulation (FAR) clause 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements,
    United StatesEmployment and HR
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    U.S. Senate Unanimously Passes Antitrust Whistleblower Protection Bill

    On November 4th, the Senate voted unanimously to expand whistleblower protections in criminal antitrust cases by passing the Criminal Antitrust Anti-Retaliation Act (CAARA).
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Video

    Video Interview: Discussing The Fifth Circuit Ruling On Outing Whistleblowers With LXBN TV

    Following up on our post, Steven J. Pearlman, co-chair of Proskauer’s preeminent Whistleblowing & Retaliation practice group, spoke with Colin O’Keefe of LXBN on the Fifth Circuit’s decision that outing a whistleblower constitutes adverse employment action.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
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