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Pennsylvania District Court Grants Employer Summary Judgment on Whistleblower Retaliation Claims

On December 6, 2022, the U.S. District Court for the Eastern District of Pennsylvania granted a defendant-employer’s motion for summary judgment on whistleblower retaliation claims brought under SOX and the Consumer Financial Protection Act of 2010 (“CFPA”).  It held that the plaintiff could not prove that her alleged complaints of illegal conduct contributed to the … Continue Reading

OSHA Orders Company to Reinstate Whistleblowers and Orders Payment of Over $800k for Purported SOX Violations

On October 7, 2022, OSHA announced that it had ordered ExxonMobil Corp. to immediately rehire two computational scientists who alleged that they were fired in retaliation for leaking to the media their concerns about improper conduct by the company.  In addition to reinstatement, the former employees were also awarded over $800,000 in back-pay, interest and … Continue Reading

Second Circuit: SOX Whistleblower Claims Require Retaliatory Intent

On August 5, 2022, the Second Circuit overturned a nearly $1 million jury award granted to a former employee of UBS Securities LLC (“UBS”).  The Court held that the judge’s instruction to the jury—that Plaintiff was “not required to prove that his protected activity was the primary motivating factor in his termination”—was incorrect as a … Continue Reading
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