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The U.S. Department of Labor Administrative Review Board (“ARB”) extended the potential reach of SOX whistleblower coverage to private companies whose subsidiaries are partially owned by a publicly traded company. It also confirmed that reports to external auditors and concerns raised through an employee’s ordinary job duties may constitute protected activity.

The ARB limited its review to whether Childs met his burden to prove that he engaged in protected activity.

The Claimant made several safety complaints both to management and to the Department of Energy.

On September 28, 2023, the U.S. District Court for the Southern District of California issued two separate orders in a long-running SOX whistleblower lawsuit.

A California Federal Magistrate Judge in Sanford S. Wadler v. Bio-Rad Laboratories Inc. et al., recently ruled that the Sarbanes-Oxley Act preempts California's ethical rules regarding the disclosure of attorney-client privileged information, . . .

The California Supreme Court has resolved an inconsistency that has divided the courts as to the proper evidentiary standard necessary to prove a whistleblower retaliation claim.

Proskauer attorneys submitted an amicus brief on an important whistleblowing issue pending before New Jersey’s Supreme Court.

The U.S. Securities Exchange Commission ("SEC") and Commodity Futures Trading Commission ("CFTC") administer whistleblower claims under the Sarbanes-Oxley Act of 2002.

In a recent interview with Law360 (subscription required), Chris Ehrman, the Director of the U.S. Commodity Futures Trading Commission’s Whistleblower Office, predicted that the number and size of the CFTC’s whistleblower awards will increase in the near future.

However, the employer may preclude an award of attorney's fees to the employee by establishing the same-decision affirmative defense outlined in Labor Code section 1102.6.

A federal circuit court decision issued last week recognizes important limitations on a relator’s ability to bring multiple lawsuits against the same contractor.

The stakes increase and the landscape changes tremendously in a whistleblower case when the Secretary of Labor (Secretary) issues a preliminary reinstatement order.

The U.S. government has recently paid substantial awards when the CFTC awarded $290,000 to a whistleblower for providing valuable information about violations of the Commodity Exchange Act.

On June 11, 2025, Assistant Attorney General Brett Shumate issued a memorandum entitled Civil Division Enforcement Priorities (the "Memorandum"), outlining five areas of focus for Department of Justice ("DOJ")...

Companies cannot prohibit their former employees from collecting whistleblower awards, says the DOL in a recently released memo.

On October 20, the United States District Court for the Southern District of Ohio found that the False Claims Act ("FCA") did not protect an employee who was fired after revealing his history as a whistleblower and offering to help his new employer prevent overcharges on a government contract.

The Fifth Circuit ruled that the district court erred in dismissing Plaintiff's claim that he engaged in protected activity under Section 806 of SOX when he reported that the Company booked taxes as revenue.

FINRA warning against the use of confidentiality provisions in settlement agreements that prohibit or restrict communication with the SEC, FINRA, or any federal or state regulatory authority regarding a possible securities law violation.