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Law360 Quotes Steve Pearlman on SEC Whistleblower Program

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

Law360 Quotes Steve Pearlman on Keeping Whistleblower Complaints In-House

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

New Whistleblower Bounty Law On The Horizon In NY?

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

New York Times Quotes Lloyd Chinn on “Sharper Focus” of Internal Whistleblower Compliance Policies

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

District of Colorado Expansively Construes Protected Activity Under Dodd-Frank, But Finds No Causation

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

OSHA Issues Interim Final Rule on PPACA Whistleblower Provision

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

Second Circuit “Clarifies” SOX Burden-Shifting Framework

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

ALJ Applies Villanueva Factors, Finds Overseas Employee’s Whistleblower Claim “Territorial”

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

Law360 Quotes Proskauer’s Commentary On Uptick In Employee Whistleblower Claims

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

Compliance Week Quotes Proskauer’s Concerns and Guidance Regarding NDAA Whistleblower Provisions

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

How U.S. Supreme Court Ruling On Title VII Retaliation Standard Case May Affect Claims Under Whistleblower & Other Anti-Retaliation Statutes

“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

Law 360 Quotes Proskauer’s Concerns & Guidance Regarding NDAA Whistleblower Rules

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

President Obama Signs National Defense Authorization Act, Issues Signing Statement Regarding Whistleblower Provisions

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

National Defense Authorization Act: Generous Whistleblower Protections for Employees of Government Contractors On The Horizon

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

Sixth Circuit Allows Key Defenses To SOX Whistleblower Claims That ARB Rejected

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

ARB Says “Convenience Leave” Letter Does Not Trigger SOX Statute of Limitations

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
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