Daniel Saperstein
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In a Law360 article (subscription required), Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, commented on the “controversy” surrounding the requirement some employers impose upon employees to report misconduct internally. Pearlman noted that “[t]he plaintiffs bar and defense attorneys are sharply divided over the issue, with the whistleblower office opposed to mandatory reporting.” … Continue Reading
In a Law360 article (subscription required), Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, offered ways for companies to minimize their potential whistleblower liability. Underlying Pearlman’s advice is the premise that “[i]t is better for the company and the shareholders alike for complaints to be lodged internally and to be brought to the company’s … Continue Reading
On March 22, 2013, the New York State Senate introduced the S4362 Proposal which, through a “bounty,” gives financial awards to whistleblowers who provide original information to the Department of Financial Services (DFS) regarding violations of New York banking, insurance and financial services laws. The Proposal’s bounty program is largely modeled after the programs codified … Continue Reading
In an article published by the New York Times yesterday, Lloyd Chinn, Co-head of Proskauer’s Whistleblower & Retaliation Group, commented on the recent efforts of some companies to strengthen their whistleblower compliance programs internally so that employees will report alleged fraud to the company before informing the Securities Exchange Commission (SEC).… Continue Reading
The U.S. District Court for the District of Colorado followed a trend of decisions concluding that a plaintiff need not have provided the SEC with information regarding alleged federal securities law violations to pursue a retaliation claim under Dodd-Frank, but it ultimately dismissed the claim for want of causation. Genberg v. Porter, No. 11-cv-02434, 2013 … Continue Reading
On February 22, 2013, the federal Occupational Safety and Health Administration (OSHA) released an interim final rule concerning the whistleblower protection provisions of The Patient Protection and Affordable Care Act (PPACA). The PPACA whistleblower provision protects employees of health insurance issuers or other employers who report potential violations of the statute’s consumer protections (e.g., the … Continue Reading
On March 5, 2013, the U.S. Court of Appeals for the Second Circuit “clarified” the burden-shifting framework for whistleblower claims brought under Section 806 of the Sarbanes-Oxley Act of 2002 (“SOX”), 18 U.S.C. § 1514A.[1] This blog posting summarizes the standard articulated in the decision.… Continue Reading
In Dos Santos v. Delta Airlines, Inc., 2012-AIR-20 (ALJ Jan. 11, 2013), an Administrative Law Judge (ALJ) of the U.S. Department of Labor (DOL) examined whether the facts alleged by the complainant required a territorial or extraterritorial application of one of the whistleblowing statutes enforced by the DOL. This blog posting summarizes the ALJ’s decision … Continue Reading
In a Law360 article (subscription required), Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, commented on recently released statistics showing a substantial uptick in both the number of whistleblower cases filed with OSHA as well as the number of OSHA determinations. Our post discussing these statistics can be accessed here.… Continue Reading
In a recent Compliance Week article (subscription required), Steve Pearlman,, co-head of Proskauer’s Whistleblowing & Retaliation Group, commented on the National Defense Authorization Act for Fiscal Year 2013 (NDAA), which President Obama recently signed into law to enhance whistleblower protections for employees of contractors and subcontractors vis-à-vis the Department of Defense and National Aeronautics and Space … Continue Reading
“But-for” or “mixed motive” is a causation question not unknown to the U.S. Supreme Court. In Price Waterhouse v. Hopkins, 490 U.S. 228 (1989), a plurality held that the anti-discrimination provision of Title VII only requires a plaintiff to prove that discrimination was a “motivating factor” for an adverse employment action. But 20 years later, … Continue Reading
In an Employment Law 360 article (subscription required) today, Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, commented on the ramifications of the passage of the National Defense Authorization Act (NDAA), which provides broad whistleblower protections to employees of federal government contractors and subcontractors. Stressing the potentially daunting implications of this expansive new whistleblower … Continue Reading
On January 2, 2013, President Obama signed the National Defense Authorization Act for Fiscal Year 2013 (NDAA), which enhances whistleblower protections for employees of contractors and subcontractors vis-à-vis the Department of Defense and National Aeronautics and Space Administration (Section 827), and establishes a 4-year “pilot program” to strengthen whistleblower protections for all other federal executive … Continue Reading
Awaiting President Obama’s signature, Sections 827 and 828 of the National Defense Authorization Act for Fiscal Year 2013 (NDAA) would enhance the whistleblower protections of contractor and subcontractor employees for the Department of Defense (DOD) and National Aeronautics and Space Administration (NASA), and establish a 4-year “pilot program” to strengthen whistleblower protections for all other … Continue Reading
In a SOX whistleblower decision, the U.S. Court of Appeals for the Sixth Circuit embraced a number of employer-favorable legal standards that the Administrative Review Board (ARB) recently rejected. Riddle v. First Tennessee Bank, National Association, No. 11-cv-6277, 2012 U.S. App. LEXIS 18684 (6th Cir. Aug. 31, 2012) (unpublished). Significantly, the Sixth Circuit blessed limitations … Continue Reading
On August 31, 2012, the Administrative Review Board (ARB) of the U.S. Department of Labor (DOL) liberally interpreted the standard governing when the SOX statute of limitations clock starts ticking, ruling that a letter informing Complainant Kenneth Poli that he was being placed on a “convenience leave” was not a “final, definitive and unequivocal” notice … Continue Reading
Law360 Quotes Steve Pearlman on SEC Whistleblower Program
By Harris Mufson and Daniel Saperstein on Posted in Best Practices
Law360 Quotes Steve Pearlman on Keeping Whistleblower Complaints In-House
By Daniel Saperstein and Harris Mufson on Posted in Best Practices
New Whistleblower Bounty Law On The Horizon In NY?
By Steven J. Pearlman and Daniel Saperstein on Posted in Dodd Frank
New York Times Quotes Lloyd Chinn on “Sharper Focus” of Internal Whistleblower Compliance Policies
By Daniel Saperstein and Harris Mufson on Posted in SEC
District of Colorado Expansively Construes Protected Activity Under Dodd-Frank, But Finds No Causation
By Steven J. Pearlman, Harris Mufson and Daniel Saperstein on Posted in Dodd Frank
OSHA Issues Interim Final Rule on PPACA Whistleblower Provision
By Connie Bertram, Steven J. Pearlman and Daniel Saperstein on Posted in OSHA Administration
Second Circuit “Clarifies” SOX Burden-Shifting Framework
By Lloyd B. Chinn, Daniel Saperstein and Harris Mufson on Posted in SOX Whistleblower Decisions, Uncategorized
ALJ Applies Villanueva Factors, Finds Overseas Employee’s Whistleblower Claim “Territorial”
By Lloyd B. Chinn, Daniel Saperstein, Daniel Ornstein and Cecile Martin on Posted in DOL Decisions
Law360 Quotes Proskauer’s Commentary On Uptick In Employee Whistleblower Claims
By Daniel Saperstein and Harris Mufson on Posted in OSHA Administration
Compliance Week Quotes Proskauer’s Concerns and Guidance Regarding NDAA Whistleblower Provisions
By Daniel Saperstein and Harris Mufson on Posted in Government Contractors
How U.S. Supreme Court Ruling On Title VII Retaliation Standard Case May Affect Claims Under Whistleblower & Other Anti-Retaliation Statutes
By James Segroves, Daniel Saperstein and Steven J. Pearlman on Posted in False Claims Act
Law 360 Quotes Proskauer’s Concerns & Guidance Regarding NDAA Whistleblower Rules
By Harris Mufson and Daniel Saperstein on Posted in Government Contractors
President Obama Signs National Defense Authorization Act, Issues Signing Statement Regarding Whistleblower Provisions
By Daniel Saperstein and Steven J. Pearlman on Posted in Government Contractors
National Defense Authorization Act: Generous Whistleblower Protections for Employees of Government Contractors On The Horizon
By Daniel Saperstein and Steven J. Pearlman on Posted in Government Contractors, Legislation
Sixth Circuit Allows Key Defenses To SOX Whistleblower Claims That ARB Rejected
By Daniel Saperstein and Steven J. Pearlman on Posted in SOX Whistleblower Decisions
ARB Says “Convenience Leave” Letter Does Not Trigger SOX Statute of Limitations
By Lloyd B. Chinn, Steven J. Pearlman and Daniel Saperstein on Posted in SOX Whistleblower Decisions
