Photo of Alychia Lynn Buchan

Alychia Lynn Buchan

Alychia L. Buchan is an associate and a member of the Labor & Employment Law Department.

The majority of Alychia’s practice is devoted to representing management in employment litigation. She specifically focuses on defending companies and supervisors in discrimination, harassment, retaliation, wrongful discharge, tort and contract, wage-and-hour and restrictive covenant cases before federal and state courts, arbitral tribunals (e.g., FINRA and AAA) and civil rights agencies, including the Equal Employment Opportunity Commission, the New York State Division of Human Rights and New Jersey Division on Civil Rights.

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Another SEC Whistleblower Amicus Brief On Whether Dodd-Frank Covers Internal Complaints

On February 6, the SEC filed its third amicus brief defending its interpretive rule on Dodd-Frank’s anti-retaliation provision, 15 U.S.C. §78u-6(h)(1).  The impetus is a ruling out of the Southern District of New York in Berman v. Neo@Ogilvy, No. 14-cv-523, which follows the Fifth Circuit Asadi decision concluding that the Dodd-Frank anti-retaliation provision does not … Continue Reading

3d Cir.: Dodd-Frank Anti-Arbitration Provisions Do Not Apply To Dodd-Frank Whistleblower Retaliation Claims

On December 8, 2014, the Third Circuit ruled that Dodd-Frank’s anti-arbitration provisions do not invalidate pre-dispute arbitration agreements with respect to whistleblower retaliation claims brought pursuant to the anti-retaliation provision in Dodd-Frank, 15 U.S.C. §78u-6(h)(1)(A).  Khazin v. TD Ameritrade Holding Corp., No. 14-689, –F.3d–, 2014 WL 6871393 (3d Cir. 2014).… Continue Reading

Third Circuit Sizes Up Dodd-Frank’s Anti-Arbitration Provision

On October 24, 2014, in Khazin v. TD Ameritrade Holding Corp, et al., the U.S. Court of Appeals for the Third Circuit heard oral argument on an issue of first impression (within that forum):  whether Dodd-Frank applies retroactively to invalidate pre-dispute arbitration agreements.  Dodd Frank expressly invalidates pre-dispute arbitration agreements of whistleblower claims brought under … Continue Reading

S.D.N.Y. Takes Broad Approach To SOX and Dodd-Frank Whistleblower Claims

The U.S. District Court for the Southern District of New York recently denied a motion to dismiss a plaintiff’s SOX and Dodd-Frank whistleblower claims, ruling that (i) the plaintiff engaged in SOX protected activity even though her purported protected activity was part and parcel of her job duties as Chief Risk Officer, and (ii) she … Continue Reading

Senators Grassley, Alexander Question Effectiveness of DOL’s Whistleblower Protection Program

As reported by the Wall Street Journal, Risk and Compliance Journal, on April 29, Senators Chuck Grassley (R-Iowa) and Lamar Alexander (R-Tenn) sent a letter to OSHA questioning the effectiveness of OSHA’s Whistleblower Protection Program (“WPP”).  Considering this in context, it should be noted that in 2009 and 2010, two governmental “watchdogs” released reports critical … Continue Reading

N.J. Court Sends Dodd-Frank Whistleblower Claim To Arbitration

The U.S. District Court for the District of New Jersey recently held that the Dodd-Frank Act does not operate retroactively to bar pre-dispute arbitration agreements, and thus required a plaintiff to arbitrate his Dodd-Frank whistleblower retaliation claim.  Boris Khazin v. TD Ameritrade Holding, No. 13-cv-4149 (D.N.J. March 11, 2014).… Continue Reading

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