On January 18, 2013, a former New Mexico Public Regulation Commission (PRC) employee prevailed in the first case to reach trial under the state’s Whistleblower Protection Act (NMWPA). Feliciano v. New Mexico Public Regulation Commission, et al., No. D-101-cv-2010-02008 (First Judicial District Court, State of New Mexico, County of Santa Fe). A jury awarded Aaron Feliciano, a former compliance director of PRC, $355,345 in damages and approximately $250,000 in legal fees. The NMWPA provides for double damages, so Feliciano will receive a total award of approximately $960,000.

Feliciano worked as compliance director in PRC’s Insurance Division. In 2010, Feliciano filed suit under the NMWPA, which provides a private cause of action for employees terminated in retaliation for efforts to expose corruption in state government. He alleged that he was fired in retaliation for voicing concerns over his supervisors’ hiring of political contributors to investigate insurance cases resulting in slow, costly and ineffective investigations. PRC maintained that Feliciano was terminated due to poor job performance and a range of misconduct. Eleven out of twelve jurors sided with Feliciano, finding that he was retaliated against Feliciano for raising the foregoing concerns.

Although this case arose under a state-specific whistleblower statute and concerned allegations against a public employer, it behooves private employers nationwide to note of this significant verdict because similar whistleblower claims are proliferating under a wide range of statutes. Employers also should appreciate that the suit was filed by a compliance officer, as employees in such positions often are tasked with addressing various aspects of whistleblower claims and often possess highly sensitive information that they may, in some cases, attempt to strategically capitalize on it by placing it on the public record through filings in litigation and testimony at trial.

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Photo of Noa Baddish Noa Baddish

Noa M. Baddish is a partner in the Labor & Employment Law Department. She is a member of the Sports, Employment Litigation & Arbitration, Class and Collective Action, Wage & Hour and Whistleblower & Retaliation Practice Groups. Noa is also the Administrative Lead…

Noa M. Baddish is a partner in the Labor & Employment Law Department. She is a member of the Sports, Employment Litigation & Arbitration, Class and Collective Action, Wage & Hour and Whistleblower & Retaliation Practice Groups. Noa is also the Administrative Lead of the Class, Collective and Complex Action Practice Group.

Noa specializes in defending employers in various industries, such as sports, media and entertainment, on a wide variety of matters. With a particular focus on class and collective actions, Noa has successfully defended numerous organizations against complex employment-related claims. Noa’s approach to class and collective action defense is rooted in a thorough understanding of both federal and state employment laws. Noa’s expertise spans topics ranging from wage and hour disputes to discrimination and harassment claims. Noa is well-versed in the intricacies of class and collective action procedures, which allows her to provide comprehensive defense strategies tailored to each client’s objectives and circumstances.

Noa also has experience navigating proceedings before government agencies such as the Equal Employment Opportunity Commission (“EEOC”), including Commissioner Charges and those involving complex, large-scale issues such as claims of pattern or practice discrimination.

Noa also works closely with clients to develop proactive compliance strategies, focused on minimizing the risk of litigation. Noa has particular expertise in advising clients on how to conduct reorganizations or restructuring of businesses, otherwise known as “RIFs” and is experienced in all of the technicalities that come along with these types of group-wide employment actions.

Noa was recognized as a Rising Star by New York Super Lawyers from 2015 through 2020. She has authored and contributed to several articles and newsletters on employment and labor topics, including “Managing Legal and Reputational Risks When Right-sizing Your Workforce,” LegalDive (December 2022), “Mediating Employment Disputes,” LexisNexis (June 2019), “Supreme Court Says that Equitable Tolling Cannot Extend Rule 23(f) Deadline,” Proskauer’s Employee Benefits & Executive Compensation Blog (February 2019), “FLSA Turns 80: The Evolution of ‘Employee’ Status,” LAW360 (June 2018), and “CFTC Whistleblower Awards On The Horizon,” Proskauer’s Corporate Defense and Disputes Blog (May 2015).

Prior to coming to Proskauer, Noa served as Assistant General Counsel to the New York City Mayor’s Office of Labor Relations and defended the Mayor and City agencies against both employee grievances at arbitration and improper practice petitions before the Board of Collective Bargaining. Prior to that, she was a Law Clerk to Judge Ellen L. Koblitz of the Appellate Division of the New Jersey Superior Court.

While in law school, Noa served on the Executive Board as Notes and Articles Editor of the Fordham Urban Law Journal.

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Photo of Steven J. Pearlman Steven J. Pearlman

Steven J. Pearlman is a partner in the Labor & Employment Law Department, where he is Head of the Restrictive Covenants, Trade Secrets & Unfair Competition Group and Co-Head of the Whistleblowing & Retaliation Group.

Employment, Restrictive Covenant & Trade Secret, and Whistleblower…

Steven J. Pearlman is a partner in the Labor & Employment Law Department, where he is Head of the Restrictive Covenants, Trade Secrets & Unfair Competition Group and Co-Head of the Whistleblowing & Retaliation Group.

Employment, Restrictive Covenant & Trade Secret, and Whistleblower Practice. Steven’s national practice focuses on defending companies in federal and state courts and in arbitration fora against the full spectrum of employment-related claims, including claims of executives; restrictive covenant violations; employee raiding; theft of trade secrets; whistleblower retaliation under the Sarbanes-Oxley Act, the Dodd-Frank Act and similar state laws; and wage-and-hour violations, including class, collective and PAGA actions.

Steven has successfully handled trials in multiple jurisdictions; prevailed in seeking and defending against applications for temporary restraining orders and preliminary injunctions; defended one of the largest Illinois-only class actions in the history of the federal courts in Illinois (over 90k putative class members); and prevailed following his oral arguments before federal and state appellate courts. He brings his litigation experience (beginning in 1998) to bear in counseling clients to minimize risk and avoid or prepare for success in litigation.

Investigations. Reporting to boards of directors, their audit committees, CEOs and in-house counsel, Steven conducts sensitive investigations and has the unusual experience of testifying in federal court in connection with investigations. His investigations have involved complaints of sexual harassment involving C-suite officers; systemic violations of employment laws and company policies; and fraud, compliance failures and unethical conduct.

Thought Leadership and Accolades. Steven was named Lawyer of the Year for Chicago Labor & Employment Litigation in the 2023 edition of The Best Lawyers in America. He is a Fellow of the College of Labor and Employment Lawyers. Chambers has reported:

  • Steven is “one of the best in the country and has a lot of experience”;
  • Steven is as an “outstanding lawyer” who is “very sharp and very responsive,” a “strong advocate,” and an “expert in his field”;
  • He is thoughtful, attentive and demonstrates an acute understanding of matters top of mind for business-minded general counsel; and
  • “He is someone who can navigate the twists and turns of litigation without difficulty.”

Steven was 1 of 12 individuals selected by Compliance Week as a “Top Mind.” Earlier in his career, he was 1 of 5 U.S. lawyers selected by Law360 as a ”Rising Star Under 40” in the area of employment law and 1 of “40 Illinois Attorneys Under Forty to Watch” selected by Law Bulletin Publishing Company. Steven is a U.S. Library of Congress Burton Award Winner for “Distinguished Legal Writing.”

Steven was appointed to Law360’s Employment Editorial Advisory Board and selected as a Contributor to Forbes.com. He has appeared on Bloomberg News (television and radio) and Yahoo! Finance, and is often quoted in leading publications such as The Wall Street Journal. The U.S. Chamber of Commerce has engaged Steven to serve as lead counsel on amicus briefs to the U.S. Supreme Court and federal circuit courts of appeal.

In 2024, Steven received the Excellence in Pro Bono Service Award from the United States District Court for the Northern District of Illinois and the Chicago Chapter of the Federal Bar Association.

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