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ARTICLE · 17 SEPTEMBER 2015

N.D. Illinois Grants Summary Judgment Against SOX Whistleblower

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On August 26, 2015, the U.S. District Court for the Northern District of Illinois granted summary judgment on a whistleblower retaliation claim under Section 806 of SOX, holding that Plaintiff Ivor Hill failed to establish a prima facie case and that Komatsu America Corp. (Company) would have terminated his employment even in the absence of any alleged protected activity. Hill v. Komatsu America Corp., Case No. 14-cv-02098 (Darrah, J).

United StatesEmployment and HR
Steven Pearlman
Steven Pearlman
Edward Young
Edward Young
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On August 26, 2015, the U.S. District Court for the Northern District of Illinois granted summary judgment on a whistleblower retaliation claim under Section 806 of SOX, holding that Plaintiff Ivor Hill failed to establish a prima facie case and that Komatsu America Corp. (Company) would have terminated his employment even in the absence of any alleged protected activity.  Hill v. Komatsu America Corp., Case No. 14-cv-02098 (Darrah, J).

Background

Plaintiff was a Vice President of the Company's Mining Division.  In March 2012, the Company's CEO and CFO raised concerns about his allegedly improper expenditures.  The Company's Compliance Committee conducted an investigation and concluded that Plaintiff violated Company policies by submitting improper expenses.  In addition, in August 2012, Plaintiff complained to the CEO that certain of the Company's financial reserves used to cover future liabilities might be underfunded, and he recommended addressing the issue at

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