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  • Article

    Coronavirus Whistleblower Suppressed By Chinese Officials, Tried To Warn Of Epidemic

    Li Wenliang, the courageous coronavirus whistleblower and doctor who tried to warn of a dangerous new virus in China, has passed away.
    United StatesEmployment and HR
    Kohn, Kohn & Colapinto, LLP
    Kohn, Kohn & Colapinto, LLP
  • Article

    Court Follows 5th Circuit Asadi Decision, Dismisses Dodd-Frank Whistleblower Claim

    The U.S. District Court for the Eastern District of Wisconsin in Verfuerth v. Orion Energy Systems, Inc., No. 14-cv-352 (E.D. Wis. Nov. 4, 2014) recently ruled that the Dodd-Frank whistleblower protection provision does not protect employees who only report alleged violations of the securities laws internally
    United StatesEmployment and HR
    Proskauer Rose LLP
Proskauer Rose LLP
  • Article

    Court Holds That Dodd-Frank Whistleblowers Have No Right To Jury Trial

    A federal district court recently held that employees bringing whistleblower suits under the Dodd-Frank Wall Street Reform and Consumer Protection Act are not entitled to a trial by jury.
    United StatesEmployment and HR
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Court Of Appeal Holds That State Courts Have Concurrent Jurisdiction Over FCA Retaliation Claims

    On January 30, 2014, the California Court of Appeal for the Fifth Appellate District ruled that California State courts have concurrent jurisdiction over retaliation claims under the federal False Claims Act (FCA) in Driscoll v. Superior Court (Spencer).
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    COVID-19 Whistleblower And Retaliation Claims On The Rise – What Steps Can Employers Take Now?

    Employers are facing multiple challenges in response to the COVID-19 pandemic – including an increased risk of whistleblower and retaliation claims...
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    Delaware Chancery Court Sends A Clear Message: Sexual Misconduct Oversight Failures Can Be A "Corporate Trauma" Sufficient To Support Caremark Claims

    The Delaware Court of Chancery ruled in LACERS v. Sanford that failures to investigate and remediate credible allegations of workplace sexual misconduct can support shareholder breach of fiduciary duty claims against directors and officers.
    United StatesEmployment and HR
    Cohen & Gresser LLP
    Cohen & Gresser LLP
  • Article

    Dodd-Frank Retaliation Cases Continue To Be A Mixed Bag For Companies

    Two new Dodd-Frank decisions over the last week contain mixed results for employers.
    United StatesEmployment and HR
    Orrick
    Orrick
  • Article

    Dodd-Frank's Extension Of SOX Whistleblower Protections To Subsidiaries Of Publicly Traded Companies Applies Retroactively, Says SDNY

    Prior to 2010, and during Leshinsky's term of employment, SOX Section 806 protected "employees of public companies."
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    E.D. Wisconsin: SOX Does Not Protect Whistleblower Complaints Based On Immaterial, Routine Events

    On August 25, 2016, the Eastern District of Wisconsin granted the Defendant's Motion for Summary Judgment on its former CEO's SOX whistleblower claim.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Eight Tips For Writing, Or Revising, A Whistleblower Policy

    Whistleblower policies encourage staff, volunteers and others to discreetly provide credible information on illegal practices or violations of organizational policies.
    United StatesEmployment and HR
    ORBA
    ORBA
  • Article

    Employers, Take Note: Virginia Enacts Broad Protections For Private-Sector Whistleblowers

    In our previous article—What Virginia Employers Might Have Missed While Managing COVID-19: The Silent Labor and Employment Law Revolution—we detailed some of the most impactful labor and employment law changes...
    United StatesEmployment and HR
    Ogletree, Deakins, Nash, Smoak & Stewart
    Ogletree, Deakins, Nash, Smoak & Stewart
  • Article

    Employment Tribunal Claims Continue To Rise

    Since July 2017 when the Supreme Court abolished the requirement to pay a fee to issue a claim in the Employment Tribunal.
    United StatesEmployment and HR
    Mayer Brown
    Mayer Brown
  • Article

    EntertainHR: Workplace Investigation Tactics Lead To The 'Fall Of The House Of Usher'

    Let's say you're the CEO of Fortunato Pharmaceuticals, a multi-billion-dollar company that's been owned and operated by your family for generations. Your kids all lead their own, individual subsidiaries...
    United StatesEmployment and HR
    Ford Harrison LLP
    Ford Harrison LLP
  • Article

    False Claims Act Ruling Offers New Grounds For Defending Whistleblower Claims

    In a recent decision from the U.S. District Court for the Middle District of Florida, Judge Kathryn Kimball Mizelle declared the qui tam provision of the False Claims Act (FCA) unconstitutional...
    United StatesEmployment and HR
    Thompson Coburn LLP
    Thompson Coburn LLP
  • Article

    Federal Court Compels Arbitration Of Dodd-Frank Whistleblower Claim

    In a recent decision, the U.S. District Court for the Western District of Wisconsin held that Dodd-Frank whistleblower claims (Section 922 claims) are subject to mandatory arbitration.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Federal District Court Deepens Divide Over SOX Whistleblower "Protected Activity"

    On February 21, 2014, the District of Puerto Rico strayed from a prominent decision out of the First Circuit that employed the "definitively and specifically" standard governing protected activity under Section 806 of SOX ..
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Fifth Circuit Rejects SOX Whistleblower Claims Not Raised In Administrative Complaint; Adopts Liberal "Reasonable Belief" Pleading Standard With Respect To Protected Conduct

    On July 31, 2015, the Fifth Circuit issued a decision that may have both a positive and negative impact on employers defending whistleblower retaliation claims under the Sarbanes Oxley Act (SOX).
    United StatesEmployment and HR
    Ford Harrison LLP
    Ford Harrison LLP
  • Article

    Heightened Scrutiny Ahead: How Corporations Can Prepare For DOJ's Whistleblower Program

    In an era of heightened scrutiny and accountability, corporations must stay vigilant and prepared to effectively address any potential whistleblower claims.
    United StatesEmployment and HR
    Marcum
    Marcum
  • Article

    Hold The Phone: Employees Can Bring Common-Law Wrongful Discharge Claims In Oregon For Seeking Legal Advice About Their Employment

    On March 3, 2021, in Rohrer v. Oswego Cove, LLC, the Oregon Court of Appeals reversed the lower court's dismissal of an employee's common-law wrongful discharge claim for seeking legal advice
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    IRS Reports Record $312 Million In Whistleblower Bounties

    In February, the Internal Revenue Service (IRS) released its FY 2018 Annual Report and announced a record-breaking year for the agency's whistleblower program.
    United StatesEmployment and HR
    Orrick
    Orrick
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