Noa Baddish

Noa Baddish

Associate

Noa M. Baddish is an associate in the Labor & Employment Law Department. She is a member of the Employment Litigation & Arbitration, Class and Collective, Employment Law Counseling & Training, and Whistleblower & Retaliation Groups.

Noa’s practice concentrates on all aspects of labor and employment law. Her employment litigation practice in state and federal courts includes class and collective actions and defending claims of discrimination, harassment, breach of contract and violations of wage and hour laws. Noa also provides significant assistance on counseling matters on a wide array of issues for clients in various industries, including, but not limited to, law firms, financial institutions, media and fashion.

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CFTC Amends Whistleblower Rules to Strengthen Anti-Retaliation Protections and Encourage Whistleblower Tips

On May 22, 2017, the U.S. Commodity Futures Trading Commission (“CFTC” or the “Commission”) adopted several additions to its whistleblower rules.  Among other things, the amendments expand the Commission’s power to pursue anti-retaliation claims on behalf of whistleblowers and, like the SEC, now prohibit confidentiality agreements that “impede” a whistleblower’s communications with the CFTC.   The CFTC … Continue Reading

CFTC Issues Record-High Whistleblower Bounty Award

On April 4, 2016, the U.S. Commodity Futures Trading Commission (CFTC) issued its third and largest award, of more than $10 million, as part of its Dodd-Frank whistleblower program.  As was the case with the CFTC’s two previous awards of $240,000 and $290,000—announced in May 2014 and September 2015, respectively—the Agency did not provide details … Continue Reading

In 10-1 Verdict, Jury Finds No FCA Violation by Abbott Laboratories

On April 7, 2016, after just three hours of deliberations following a three-week trial, a federal jury dismissed False Claims Act (“FCA”) claims against Abbott Laboratories brought by a whistleblowing former employee.  The jury concluded that the company did not improperly market bile duct stents for off-label uses in vascular procedures.… Continue Reading

EEOC Proposes Expansive Enforcement Guidance for Retaliation Claims

For the first time in nearly 20 years, the Equal Employment Opportunity Commission has issued proposed enforcement guidance regarding retaliation claims.  According to the EEOC, the revised guidance is necessary in light of several court decisions, including the Supreme Court’s decision in Univ. of Tex. SW Med. Ctr. v. Nassar, 133 S. Ct. 2517 (2013), … Continue Reading

CFTC Whistleblower Awards On The Horizon

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.   Ehrman also said that the agency will conduct “straight marketing” to ensure that potential whistleblowers are aware … Continue Reading

First SEC Whistleblower Award To Former Company Officer

On March 2, 2015, the SEC announced  an expected award of $475,000 to $575,000 to a former company officer “who reported original, high-quality information about a securities fraud that resulted in an SEC enforcement action with sanctions exceeding $1 million.”  The officer reported information to the SEC more than 120 days after other responsible compliance … Continue Reading

Consumer Financial Product Whistleblower Complaints Up Dramatically, SOX Complaints (with OSHA) Down

Since the enactment of Dodd-Frank in 2010, the number of whistleblower complaints filed under the Consumer Financial Protection Act (“CFPA”) has risen significantly while the number of SOX complaints filed with OSHA has largely declined.  According to data provided by OSHA, the total number of whistleblower complaints has generally increased over the past ten years.  This … Continue Reading

SEC’s Second Amicus Brief On Whether Dodd-Frank Protects Internal Reports

On December 11, 2014, the SEC filed an amicus brief in support of Plaintiff-Appellant Mikael Safarian asking the Third Circuit to revive his Dodd-Frank whistleblower claim and endorse the agency’s definition of “whistleblower” as including individuals who only report internally.  If the Third Circuit addresses this issue—and it might not since it was not a … Continue Reading

Highlights of SEC’s 2014 Annual Report

On November 17, 2014, the Securities and Exchange Commission’s Office of the Whistleblower (“OWB”) released its fourth Annual Report on the Dodd-Frank Whistleblower Program to Congress, which details information on OWB’s activities and bounty payouts for the fiscal year, as described in our posts on the 2012 and 2013 Annual Reports. In its 2014 report, … Continue Reading

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.  In dismissing a former CEO’s whistleblower retaliation claim, the … Continue Reading

E.D. Pennsylvania Limits Supreme Court’s SOX Whistleblower Decision

In a case of first impression, the U.S. District Court for the Eastern District of Pennsylvania ruled that the U.S. Supreme Court’s holding in Lawson v. FMR LLC, 134 S. Ct. 1158 (2014)—that the whistleblower protection provision in Section 806 of SOX protects employees of a private contractor to a publicly-traded company—does not cover an … Continue Reading

SEC Bans Repeat, Bad-Faith Tipster From Future Submissions

Last month, after an individual filed 196 award applications, the SEC Office of the Whistleblower (OWB) issued a detailed Final Order deeming him/her ineligible for an award in any of his/her pending applications and prohibiting him/her from filing any future submissions with the SEC.   The OWB explained that this person “has knowingly and willingly made false, … Continue Reading

CFTC Issues First Whistleblower Program Award

Today, the Acting Chairman of the Commodity Futures Trading Commission (“CFTC” or the “Commission”), Mark Wetjen, announced that the Commission will make its first payout to a whistleblower as part of its Whistleblower Program created by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the “Dodd-Frank Act”).  In exchange for providing  information … Continue Reading

SEC Scrutinizing Contractual Impediments to Whistleblower Complaints

Sean McKessy (“McKessy”), the Securities and Exchange Commission’s (“SEC”) whistleblower chief, cautioned in-house attorneys who draft contracts incentivizing employees to report securities fraud complaints in-house rather than to the SEC, according to an article in Law360 (subscription required).  While speaking to the Georgetown University Law Center Counsel Institute, McKessy explained that the SEC is actively … Continue Reading

Texas Federal Court Gives SOX Whistleblower Another Big Bite At The Apple

The U.S. District Court for the Northern District of Texas recently ruled that a plaintiff had the right to a de novo review of her SOX whistleblower claims in federal district court even though she had already participated in two levels of administrative review before the Department of Labor (DoL).  Candler v. URS Corp., No. … Continue Reading

SEC Enforcement Official Recommends That Firms Showcase Their Compliance Programs

Stephen Cohen, Associate Director in the Securities and Exchange Commission’s (SEC) Enforcement Division, recently advised companies being investigated to flaunt their compliance programs to the agency, according to an article in the Wall Street Journal (subscription required).  More specifically, while speaking on a panel at the 2013 Corporate Whistleblowing Forum, Mr. Cohen suggested that companies … Continue Reading

Sixth Circuit: Failure to Exhaust Administrative Remedies Not A Jurisdictional Bar For Title VII Retaliation Claim

On August 13, 2013, the Sixth Circuit reinstated a retaliation claim under Title VII, reversing the dismissal of the claim on jurisdictional grounds for failure to exhaust administrative remedies with the EEOC.   Adamov v. U.S. Nat’l Bank Assoc., No. 12-cv-6114 (6th Cir. 2013).  … Continue Reading

U.S. Supreme Court to Decide Whether SOX’s Whistleblower Provision Protects Employees of Publicly Traded Company’s Contractors

On May 20, 2013, the United States Supreme Court granted a petition for a writ of certiorari to review the United States Court of Appeals for the First Circuit’s decision holding that SOX’s whistleblower protection does not extend to employees of a publicly traded company’s contractors.  Lawson v. FMR LLC, 670 F.3d 61 (1st Cir. … Continue Reading

C.D. Cal. Greenlights SOX Claim, Analyzing Whether Scienter Must Be Shown Where Violation Of Internal Controls Is Alleged

On April 24, 2013, the U.S. District Court for the Central District of California issued its final ruling that a SOX whistleblower complaint survived a Rule 12(b)(6) challenge.  Zulfer v. Playboy Enterprises, Inc., No. 12-cv-08263 (C.D. Cal. April 24, 2013).  The decision focused on Plaintiff Catherine A. Zulfer’s (Plaintiff) allegation that she “reasonably believed” her disclosures … Continue Reading

Inside Counsel Quotes Proskauer’s Commentary on the Increasing Number of OSHA Complaints

In an article published in InsideCounsel, Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, lent his insight into recently released statistics showing a thirty-percent increase in the number of whistleblower retaliation complaints filed with OSHA since 2009, and the corresponding need for employers to carefully manage these cases.  Based on his first-hand observations, Pearlman cautions: … Continue Reading

Law360 Quotes Proskauer On Implications Of Third Circuit Decision Expanding SOX Whistleblower Protected Activity

In a recent Employment Law360 article (subscription required), Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, commented on the Third Circuit Court of Appeals’ decision in Wiest v. Lynch, No. 11-cv-4257, 2013 U.S. App. LEXIS 5345 (3d Cir. March 19, 2013), adopting the U.S. Department of Labor Administrative Review Board’s interpretation of “protected activity” under SOX’s whistleblower … Continue Reading

Illinois Whistleblower Act: Employee Need Not Be Original Source To Have An Actionable “Disclosure”

An  Illinois Appellate Court recently found that the Illinois Whistleblower Protection Act (740 ILCS § 174/1, et seq.) (IWA) does not require that the employee’s disclosure is the first, or only, disclosure of a violation of a state or federal law, rule or regulation for that disclosure to form the basis of a cause of action.  Willms v. … Continue Reading

District Court Widens Split On Whether Complaints Of Alleged Future Misconduct Are Protected

The U.S. District Court for the Central District of California ruled that a SOX whistleblower complaint survived a Rule 12(b)(6) challenge on “reasonable belief” grounds and found that complaints of potential future violations of the law may amount to protected activity. Zulfer v. Playboy Enterprises, Inc., No. 12-cv-08263 (C.D. Cal. Feb. 11, 2013). This ruling (styled … Continue Reading
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