Amanda Wiley
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The Northern District of Illinois recently dismissed an Indiana-based employee’s claims for retaliatory discharge in violation of common law pursuant to Illinois public policy, focusing on the nature of the connection (or lack thereof) to Illinois and noting that the plaintiff possessed adequate statutory remedies under federal whistleblower laws. O’Risky v. Mead Johnson Nutrition Co., … Continue Reading
The ARB recently concluded that a former program manager was entitled to recover more than $250,000 in back pay and benefits under Section 806 of SOX based on his discipline and constructive discharge. The ARB clarified that a complainant may have engaged in protected activity by complaining of a failure to comply with state wage … Continue Reading
On March 8, 2016, the SEC announced payment of nearly $2,000,000 in whistleblower bounty awards to three tipsters. (The order granting the award can be accessed here.) The largest of the three awards, approximately $1,800,000, went to a whistleblower who provided original information that prompted the SEC to open an investigation. The other two whistleblowers … Continue Reading
On October 29, 2015, the Northern District of Illinois concluded that an employee who called police regarding suspected shoplifting—in violation of company policy—succeeded in proving a claim under the Illinois Whistleblower Act (IWA). Coffey v. DSW Shoe Warehouse, Inc., No. 14-cv-4365. The court granted the Plaintiff’s motion for summary judgment and denied the Defendant’s motion for summary … Continue Reading
Reversing a lower court decision, the D.C. Circuit recently concluded – for a second time – that certain internal audit documents are protected from disclosure by the attorney-client communication and work production privileges. On August 11, 2015, the D.C. Circuit issued a second writ of mandamus regarding the same group of documents, internal reports which the … Continue Reading
On May 21, 2015, OSHA—which has responsibility for investigating and enforcement under 22 whistleblower retaliation statutes—released an updated edition of its Whistleblower Investigations Manual (the Manual), the first such update since September 2011. The new edition provides additional guidance to investigators on a variety of issues, with the majority of changes related to potentially available … Continue Reading
Under the “Motor Vehicle Safety Whistleblower Act” (the Bill), which the U.S. Senate approved on April 28, 2015, whistleblower protections and bounties would be available to individuals who report motor vehicle defects. In particular, the Bill would allow employees and contractors of automakers, parts suppliers, and dealerships to receive a monetary award for providing new … Continue Reading
In a jury verdict issued on March 26, 2015, a supervisor for the nation’s largest ferry system was awarded $1 million because the jury concluded that his employer demoted him as an act of retaliation in violation of the Washington State Employee Whistleblower Protection Act because he was believed—albeit inaccurately—to be a whistleblower. Chaussee v. … Continue Reading
On March 5, 2015, OSHA issued a long-awaited Final Rule regarding SOX whistleblower procedures and related matters. The new Final Rule will replace the Interim Final Rule enacted in 2011, after Dodd-Frank amended SOX. The Final Rule largely follows the Interim Final Rule, even though commenters expressed a range of serious concerns. One key revision … Continue Reading
The U.S. District Court for the Northern District of Illinois recently granted a Rule 12(b)(6) motion to dismiss a SOX whistleblower retaliation claim, concluding that the plaintiff did not engage in protected activity. Fuqua v. SVOX AG, No. 14-cv-216 (N.D. Ill. Aug. 1, 2014). This is a useful decision for employers faced with SOX whistleblower … Continue Reading
The U.S. District Court for the Eastern District of Wisconsin ruled that an Illinois-based bank employee could not state a claim under the whistleblower protection provision in Dodd-Frank because his complaints alleged violations of banking laws, not securities laws. Zillges v. Kenney Bank & Trust, No. 13-cv-01287 (E.D. Wis. June 4, 2014).… Continue Reading
A Seventh Circuit panel recently affirmed dismissal of a whistleblower claim under the American Reinvestment and Recovery Act of 2009 (“ARRA”) where the complaint did not state a claim (for Rule 12(b)(6) purposes) for misuse or mismanagement of ARRA-covered funds. Fuqua v. SVOX AG, Case No. 12-cv-1870 (7th Cir. May 16, 2014).… Continue Reading
The U.S. District Court for the Northern District of Illinois recently ruled that a retaliation claim survived summary judgment because of the “convincing mosaic” of evidence of retaliation the Plaintiff presented, particularly the employer’s purportedly shifting explanation regarding its reason for terminating her employment. Wessman v. DDB Chicago Inc., No. 12-cv-6712 (N.D. Ill. Oct. 29, … Continue Reading
On August 15, 2013, a Washington County, Minnesota jury awarded the former dean of a for-profit university $395,000 under Minnesota’s whistleblower law (M.S.A. § 181.932). This verdict is consistent with the substantial verdicts we have seen of late in whistleblower cases around the country.… Continue Reading
The U.S. District Court for the Northern District of Illinois granted a company summary judgment on an “associational retaliation” claim brought under Title VII by a temporary worker claiming the company ended her assignments because her (late) husband, who was an employee of the company, complained of discrimination. Wilcox v. The Allstate Corp., No. 11-cv-814 (N.D. … Continue Reading
Purported Whistleblower Barred from Pursuing Illinois Retaliatory Discharge Claim
By Steven J. Pearlman and Amanda Wiley on Posted in Dodd Frank, SOX Whistleblower Decisions, State-Specific Whistleblower Claims
SOX Whistleblower Receives $250,000 Award Related to State Wage Act Complaints
By Steven J. Pearlman and Amanda Wiley on Posted in SOX Whistleblower Decisions
SEC Awards Nearly $2M in Whistleblower Bounties
By Steven J. Pearlman and Amanda Wiley on Posted in Dodd Frank, SEC
N.D. Ill. Expands Definition of Protected Activity Under Ill. Whistleblower Act
By Steven J. Pearlman and Amanda Wiley on Posted in State-Specific Whistleblower Claims
DC Circuit: Internal Investigation Documents Are Protected from Disclosure in FCA Case
By Connie Bertram and Amanda Wiley on Posted in False Claims Act
OSHA Updates Whistleblower Manual, Focusing On Damages And Settlement Agreements
By Steven J. Pearlman and Amanda Wiley on Posted in OSHA Administration
Senate Approves Auto Industry Whistleblower Bill
By Steven J. Pearlman and Amanda Wiley on Posted in Legislation
Washington Jury Awards “Perceived” Whistleblower $1 Million
By Steven J. Pearlman and Amanda Wiley on Posted in State-Specific Whistleblower Claims
OSHA Issues Long-Awaited SOX Whistleblower Rule
By Steven J. Pearlman and Amanda Wiley on Posted in OSHA Administration
SOX Claim Dismissed: Rejection of IP Assignment Clause Not Protected Activity
By Steven J. Pearlman and Amanda Wiley on Posted in SOX Whistleblower Decisions
Dodd-Frank Anti-Retaliation Provision Limited To Complaints About Securities Laws
By Steven J. Pearlman and Amanda Wiley on Posted in Dodd Frank
Seventh Circuit: ARRA Whistleblower Claim Failed Because Complaints Did Not Relate to “ARRA-Covered Funds”
By Steven J. Pearlman and Amanda Wiley on Posted in Uncategorized
N.D. Ill. Denies Employer Summary Judgment On Retaliation Claim, Stressing Shifting Explanation For Discharge
By Steven J. Pearlman, Harris Mufson and Amanda Wiley on Posted in Title VII
Minnesota Jury Awards Whistleblowing Dean Nearly $400,000
By Steven J. Pearlman and Amanda Wiley on Posted in State-Specific Whistleblower Claims
“Associational Retaliation” Actionable, But Claim Still Booted
By Amanda Wiley and Steven J. Pearlman on Posted in Associational Retaliation
