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  • Article

    2/3 Of DOJ’s Nearly $5 Billion Recovery Under False Claims Act Derived From Whistleblower Suits In 2012

    On December 4, the Justice Department announced a record-breaking recovery of $4.9 billion in settlements and judgments in civil cases brought under the False Claims Act for the fiscal year ending September 20, 2012.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    2012 EEOC Year In Review – Retaliation Charges Continue To Rise

    According to a recently released report, the EEOC received more retaliation charges in 2102 than in any prior year.
    United StatesEmployment and HR
    Proskauer Rose LLP
Proskauer Rose LLP
  • Article

    4th Circuit Vacates ARB SOX Whistleblower Decision For Lack Of Protected Activity

    On June 13, 2019, the Fourth Circuit overturned the ARB's decision in favor of a complainant, ruling that the plaintiff had not engaged in protected activity under the SOX whistleblower
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    A SOX in the Gut: Supreme Court Vastly Expands Workplace "Whistleblower" Law

    Are your employees covered by the Sarbanes-Oxley Act's whistleblower protection simply because your company contracts with a public company?
    United StatesEmployment and HR
    Venable LLP
    Venable LLP
  • Article

    Amendment To NYC Human Rights Law Provides New Whistleblower Protections

    On March 13, 2013, the New York City Council overrode Mayor Bloomberg’s veto of a new Local Law that amends the New York City Human Rights Law ("NYCHRL") to prohibit discrimination against job applicants based on their unemployment status.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    America’s Watchdog Sniffing For Whistleblowers

    As if the recent increase in whistleblower suits and whistleblower rewards was not enough, employers should also be aware that America’s Watchdog, self-proclaimed as "one of the best known consumer advocacy groups in the United States," has created the Corporate Whistle Blower Center – an organization whose sole purpose is to assist whistleblowers in obtaining the maximum amount possible, especially in the healthcare arena.
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    ARB Affirms Dismissal of SOX Whistleblower Claim Against Non-Public Companies

    The ARB recently affirmed the dismissal of a whistleblower retaliation claim under Section 806 of SOX, holding an employer is not a "contractor"
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    ARB: "Clear And Convincing Evidence" Needed To Support After-Acquired Evidence Doctrine

    The ARB recently ruled that an employer advancing an after-acquired evidence defense in an AIR 21 whistleblower case must prove the defense by clear and convincing evidence.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Assistant Secretary Of Labor For Occupational Safety And Health Asks Congress To Increase OSH Act Whistleblower Statute Of Limitations

    David Michaels, the Assistant Secretary of Labor for Occupational Safety and Health, testified regarding proposed changes to the OSHA whistleblower provision.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Bounties In 2013, And Possible Reverberations

    The Wall Street Journal quoted Proskauer Partner Steve Pearlman in an article addressing the SEC’s whistleblower bounty program, and what 2013 likely holds in store for whistleblowers and their employers.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Cal. App. Court Finds In Favor Of Whistleblower Who Never Complained Of Unlawful Conduct By The Employer

    In Cardenas v. M. Fanaian, D.D.S., Inc., Case No. F069305, a California Court of Appeal determined that Plaintiff Cardenas could pursue a California Labor Code Section 1102.5 retaliation claim against her former employer.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    California Court Allows Dodd-Frank Whistleblower Claims To Proceed Despite Absence Of Complaint To SEC

    The District of California ruled that the whistleblower protection provision in Dodd-Frank protects whistleblowers who report alleged violations both internally and to the SEC.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    California Federal Court Stays SOX Claim Pending Arbitration Of Related Claims

    On December 21, 2018, the U.S. District Court for the Northern District of California stayed a plaintiff's whistleblower retaliation claim under SOX
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    California High Court Defines Protected "Disclosure" Under Whistleblower Law

    In an employee-friendly opinion published Monday, May 22, 2023, the California Supreme Court held that an employee may be protected by the state's whistleblower law, even when reporting unlawful activities...
    United StatesEmployment and HR
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    California Supreme Court Upholds Worker-Friendly Evidentiary Standard For Whistleblower Retaliation Suits

    Our Labor & Employment Group reviews a California Supreme Court decision that makes it more difficult for employers to dispose of whistleblower retaliation claims.
    United StatesEmployment and HR
    Alston & Bird
    Alston & Bird
  • Article

    Can Employers Force Employees To Return To The Workplace?

    As the pandemic slowly comes to an end, many employers are considering whether it is time to ask their employees to return to the workplace.
    United StatesEmployment and HR
    Fairfield and Woods
    Fairfield and Woods
  • Article

    CFPB Issues Circular, Warning Against Whistleblower Intimidation

    On July 24, 2024, the CFPB issued a circular detailing how companies may be breaking the law by requiring employees to sign broad nondisclosure agreements that could deter whistleblowing.
    United StatesEmployment and HR
    Sheppard
    Sheppard
  • Article

    CFTC Issues Second Whistleblower Award To The Tune Of $290,000

    On September 29, 2015, the U.S. Commodity Futures Trading Commission (CFTC) announced that it will make its second award as part of its whistleblower program, which was created by Dodd-Frank.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Connecticut Court Clarifies SOX Whistleblower Pleading Standard

    On December 15, 2015, the District of Connecticut refused to dismiss a SOX whistleblower retaliation claim, ruling that: (1) the heightened Rule 9(b) pleading standard for fraud claims does not apply to SOX whistleblower retaliation claims; and (2) to plead a "reasonable belief," a SOX whistleblower plaintiff needs to show that her claim at least approximately satisfied the elements of a claim under the securities laws that allegedly were violated (i.e., that it is sufficiently "tethered" to a
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Critic of High-Frequency Trading Receives SEC Whistleblower Bounty Award

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    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
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