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  • Article

    First Circuit Addresses Whistleblower Claims Under Sarbanes-Oxley And False Claims Acts

    In two recent decisions, the First Circuit answered questions of first impression concerning whistleblower claims under the Sarbanes-Oxley Act ("SOX") and the False Claims Act ("FCA").
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    Florida Supreme Court Holds That Private Whistleblowers Must Allege And Prove An Actual Violation Of Law By Their Employers

    The Florida Supreme Court has resolved a decade-long split among appellate courts regarding the burden of proof for private whistleblower claims, establishing that employees must demonstrate an actual violation of law rather than merely a good faith belief in wrongdoing. This landmark decision clarifies the distinction between protections afforded to public versus private sector whistleblowers and provides uniform guidance for employers defending against retaliation claims.
    United States
Employment and HR
Lewis Brisbois Bisgaard & Smith LLP
Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Florida Whistleblower Statute – Whistling Dixie If Federal Law Preempts

    The United States Court of Appeals for the Eleventh Circuit, which governs Florida, recently found that Florida's Whistleblower Statute is preempted by the National Bank Act.
    United StatesEmployment and HR
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Former UCLA Physician Can Proceed With Whistleblower Claims

    Arnold Scheer, M.D., M.P.H., sued the Regents of the University of California and others for alleged whistleblower retaliation.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Fourth Circuit Upholds Four-Year Front-Pay Award To Whistleblower

    On May 20, 2016, the Fourth Circuit affirmed the decision of the ARB, finding that a former employee of Deltek, Inc. was retaliated against in violation of Section 806 of SOX and entitled to four years' worth of front pay.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Ga. District Court Dismisses Dodd-Frank And SOX Whistleblower Claims

    On September 30, 2020, the U.S. District Court for the Northern District of Georgia granted an employer's motion to dismiss a Dodd-Frank whistleblower
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    General Electric Company Response To Mondaq.com Note

    A response to a recent post discussing the Fifth Circuit's decision in Asadi v. GE Energy (USA) LLC ("A Shift in Whistleblower Protections: New Incentives for Employees to Report to the SEC Directly" (Aug. 2, 2013)).
    United StatesEmployment and HR
    General Electric Company
    General Electric Company
  • Article

    Hospital Sues Whistleblower For Failing To Report Information And Choosing Instead To Use As Basis For Claim

    In an unusual and eye-catching case, a hospital facing a whistleblower lawsuit from a former senior executive under the False Claims Act ("FCA") has brought suit against that individual
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Ill. Supreme Court Affirms Dismissal Of Ill. Whistleblower Act And Retaliatory Discharge Claims

    On May 23, 2019, the Illinois Supreme Court issued a ruling in Roberts v. Board of Trustees of Community College District No. 508, reaffirming the pleading standards for both common law retaliatory discharge
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    In Extraordinary Session, Missouri Legislature Attempts To Expand Whistleblower Law To Allow Punitive Damages

    St. Louis, Mo. (August 17, 2020) - Significant new whistleblower legislation is coursing its way through a special session of the Missouri Legislature...
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Leaks And Whistleblowers And Liability, Oh My!

    Leaks are everywhere. They happen in politics, in sports, in the entertainment industry, in people's everyday lives, and (unfortunately for many of us, myself included) in the roofs and pipes in our homes.
    United StatesEmployment and HR
    Ford Harrison LLP
    Ford Harrison LLP
  • Article

    March 2022 California Employment Law Notes

    We invite you to review our newly-posted March 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    N.D. Illinois Refuses To Expand Reach Of Commodity Exchange Act Whistleblower Provisions

    On October 22, 2018, the U.S. District Court for the Northern District of Illinois granted a Rule 12(b)(6) motion to dismiss a first-impression whistleblower retaliation claim...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    New Antitrust And Money Laundering Laws To Expand OSHA Whistleblower Claims

    The U.S. Department of Labor announced last week OSHA will oversee the processing of worker retaliation complaints filed under two new whistleblower statutes...
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    New Jersey Court Affirms $192,000 Fee Award Against Whistleblower Plaintiff

    Earlier this week, employers in the Garden State saw another glimmer of hope for defending against frivolous claims brought under New Jersey's whistleblower statute, the Conscientious Employee Protection Act.
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    New Tennessee Law Limits Scope Of Employment Discrimination

    Tennessee has drastically changed the legal landscape of employment discrimination litigation under state law.
    United StatesEmployment and HR
    Ford Harrison LLP
    Ford Harrison LLP
  • Article

    Ninth Circuit Affirms Dismissal Of Dodd-Frank Whistleblower Case, Using Securities Fraud Standard

    The Ninth Circuit recently affirmed a grant of summary judgment in an employer's favor, dismissing a SOX and Dodd-Frank whistleblower retaliation case based on the plaintiff's lack of an objectively reasonable belief of violations of securities law.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Ninth Circuit Limits Protections For FCPA Whistleblowers

    The Ninth Circuit held that the anti-retaliation provisions of the Sarbanes-Oxley Act do not protect whistleblowers who make internal complaints about potential violations
    United StatesEmployment and HR
    Squire Patton Boggs LLP
    Squire Patton Boggs LLP
  • Article

    No Good Deed Goes Unpunished: Document Preservation Notices Can Lead to SOX Violation!

    On November 12, 2014, the Fifth Circuit affirmed a Department of Labor finding that Halliburton retaliated against a whistleblower by including his name in a document preservation notice. The court also held that emotional distress damages are available under SOX.
    United StatesEmployment and HR
    Orrick
    Orrick
  • Article

    No Individual Liability For Supervisors, Law Court Finds

    Recently, the Maine DEP adopted amendments to its air licensing regulations, including Chapter 100, Definitions; Chapter 115, Major and Minor Source Air Emission License Regulations; and Chapter 140, Part 70 Air Emission License Regulations.
    United StatesEmployment and HR
    Pierce Atwood LLP
    Pierce Atwood LLP
  • Showing 741–760 of 2410 results

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