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  • Article

    Securities Enforcement 2015 Year-End Review

    The Securities and Exchange Commission (the SEC or the Commission) filed a record 807 enforcement actions in fiscal year 2015, 52 more than it filed in 2014.
    United StatesCorporate/Commercial Law
    A&O Shearman
    A&O Shearman
  • Article

    Supreme Court Rules That Dodd-Frank's Anti-Retaliation Provision Does Not Protect Internal Whistleblowers

    The United States Supreme Court decided in Digital Realty Trust, Inc. v. Somers (Feb. 21, 2018) that the anti-retaliation provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) applies only to individuals who have reported a violation of the securities law to the Securities and Exchange Commission (SEC) and not to those who raise concerns only to their employers internally. The Court's decision resolved an important conflict in the federal Courts of Appeals.
    United StatesCorporate/Commercial Law
Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
  • Article

    Whistleblower Tips Continue To Rise In 2014

    The number of whistleblower tips to the Securities and Exchange Commission (SEC) continues to rise, according to the SEC’s 2014 Annual Report to Congress on the Dodd-Frank Whistleblower Program.
    United StatesCorporate/Commercial Law
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    ARB Affirms Blacklisting Award To Whistleblower

    The ARB upheld a damages award in favor of a whistleblower after his former employer purportedly "blacklisted" him by providing an apparently negative employment reference.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    ARB Issues Impactful Decision On Whistleblower Retaliation Causation Standard

    The ARB recently addressed the standard for proving that protected activity was a "contributing factor" in adverse employment actions.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    ARB: No SOX Whistleblower Liability Where Termination Of In-House Counsel Was Based On Insubordination

    The ARB recently affirmed an ALJ’s decision that American Commercial Lines Inc. did not violate the whistleblower protection provision in Section 806 of SOX.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    ARB Rejects SOX Claim Of Employee Who Threatened Co-Worker

    Complainant was employed by the Company, a provider of fire protection and life safety systems, as a Senior Tech Representative.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Bounty-ful Pay Day And Former SEC Whistleblower Chief's Move To Plaintiff's Firm May Lead To Whistleblower Claim Increase

    Two recent events may spur a rise in the number of high quality whistleblower tips filed with the SEC.
    United StatesEmployment and HR
    Orrick
    Orrick
  • Article

    CFTC Awards Over $15 Million To Two Whistleblowers

    On September 19, 2023, the CFTC announced whistleblower awards totaling over $15 million to two whistleblowers who provided the CFTC with information...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Chicago Federal Court Rejects Retaliatory Discharge Claim Due To Existence Of SOX Whistleblower Claim

    On April 23, 2018, the U.S. District Court for the Northern District of Illinois ruled that a plaintiff's SOX claim precluded his claim for common law retaliatory discharge.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Dodd-Frank Anti-Retaliation Provision Limited To Complaints About Securities Laws

    The Eastern District of Wisconsin ruled that an Illinois-based bank employee could not state a claim under the whistleblower protection provision in Dodd-Frank.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    E.D. Virginia Allows FCA Whistleblower Retaliation Claim To Proceed

    Plaintiff worked with the Senior Advisor for Veteran Employment for the Department of Veteran Affairs ("Senior Advisor") to develop an online veterans' employment assistance program.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    M.D. Florida: Employee Must Report To SEC To Be A Protected Dodd-Frank Whistleblower

    The Middle District of Florida dismissed a Dodd-Frank whistleblower claim on the ground that the employee was not a "whistleblower" within the meaning of the Dodd-Frank Reform Act.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    OSHA Launches "Expedited Case Processing Pilot" For Whistleblower Claims

    If a case meets the criteria, OSHA officials will then evaluate the claims to determine whether there is reasonable cause to believe that a violation of the statute occurred.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    OSHA Releases Statistics On Whistleblower Complaints

    In fiscal year 2012 a total of 2,787 whistleblower complaints were filed with the Occupational Safety and Health Administration.
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    Perceived Whistleblower Protected By Labor Code

    This decision significantly expands the scope of retaliation protection for employees under Labor Code section 1102.5.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    SEC Announces Record-Breaking $50 Million Award To Whistleblower

    On June 4, 2020, the SEC announced a nearly $50 million award to a whistleblower who provided the SEC with detailed, first-hand information that assisted the agency in bringing a successful enforcement action.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    SEC Announces Record-Shattering $279 Million Award To Whistleblower

    On May 5, 2023, the SEC announced an award of nearly $279 million to a whistleblower who provided the SEC with information and assistance that led to the successful enforcement of SEC and related actions.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    SEC Awards Whistleblower More Than $27 Million

    On April 16, 2020, the SEC announced payment of more than $27 million to a whistleblower who alerted the agency to misconduct that had occurred, in part, overseas.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    SEC Awards Whistleblower More Than $4.5 Million

    On May 24, 2019, the SEC announced payment of more than $4.5 million to a whistleblower who sent an anonymous tip to the company alleging significant wrongdoing and then submitted
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
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