Emilie Adams
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On March 21, 2017, the Northern District of Texas dismissed a former employee’s whistleblower retaliation claim on the ground that her allegations of fraud were too far removed from potentially harming the shareholders of a publicly-traded company to be covered under SOX’s anti-retaliation protections. Brown v. Colonial Savings, F.A., No. 4:16-cv-00884 (N.D. Tex. Mar. 21, … Continue Reading
On March 8, 2017, a split three-judge panel of the Ninth Circuit Court of Appeals affirmed a Northern District of California decision declining to dismiss a Dodd-Frank whistleblower retaliation claim because the plaintiff did not report his concerns to the SEC. Somers v. Digital Realty Trust, 15-17352 (9th Cir. March 8, 2017). The Ninth Circuit … Continue Reading
On February 24, 2017 at 10:30 am, Proskauer Partner Connie Bertram will speak on “Whistleblower Provisions of Sarbanes Oxley” at the American Bar Association Section of Labor and Employment Law’s Federal Labor Standards Legislation Committee Midwinter Meeting in Playa Del Carmen, Mexico. Bertram is the head of Proskauer’s DC Labor & Employment practice, and co-head … Continue Reading
On March 28, 2016, the U.S. Securities and Exchange Commission (“SEC”) filed an amicus brief in a whistleblower lawsuit brought by a former in-house attorney against Vanguard Group (the “Company”). The case is Danon v. Vanguard Group, Inc., Civ. A. No. 15-6864 (E.D. Pa.).… Continue Reading
OSHA recently released its final rule implementing the whistleblower provisions of the Consumer Financial Protection Act of 2010 (“CFPA”). The following are the key features of the rule: Deadline for Filing a Complaint: A complaint must be filed within 180 days of the alleged retaliation. OSHA’s rule notes that such a complaint … Continue Reading
On February 18, 2016, the ARB dismissed a former employee’s whistleblower retaliation claim under Section 806 of SOX, concluding that he failed to show that his protected activity contributed to the decision to terminate his employment, noting. The ARB noted that Complainant threatened a co-worker and failed to attend a required counseling program before his … Continue Reading
According to a MarketWatch report, Eric Hunsader of Nanex LLC has identified himself as is the recipient of a more than $700,000 Dodd-Frank whistleblower bounty award. According to Hunsader, the information he provided to the SEC led to a $5 million fine of the New York Stock Exchange.… Continue Reading
The U.S. District Court for the Southern District of New York recently granted a motion for summary judgment dismissing a plaintiff’s SOX and Dodd-Frank whistleblower claims. The court ruled that the plaintiff failed to establish retaliation because: (1) almost all of the plaintiff’s alleged protected activity did not allege shareholder fraud and therefore failed; and (2) the … Continue Reading
Last week, the U.S. Court of Appeals for the Sixth Circuit rejected a former compliance officer’s whistleblower retaliation claim because she did not establish that she had an objectively reasonable belief that she was investigating illegal conduct when her employment was terminated.… Continue Reading
Late last month, a three-judge panel of the Eleventh Circuit Court of Appeals reinstated portions of a former executive’s False Claims Act (“FCA”) whistleblower action against Health Management Associates Inc. (“HMA”), alleging that the company engaged in an illegal to generate referrals of Medicare and Medicaid patients to its facilitates. In its ruling, the Eleventh … Continue Reading
This week, the U.S. Court of Appeals for the Sixth Circuit ruled that a job applicant lacks standing to bring whistle-blower claims under the Energy Reorganization Act and the False Claims Act (“FCA”) because those laws’ retaliation provisions apply only to employees. The Sixth Circuit is the first Court of Appeals to address this issue.… Continue Reading
Texas District Court Dismisses SOX Whistleblower Claim For Lack of Protected Activity
By Lloyd B. Chinn and Emilie Adams on Posted in Dodd Frank, SOX Whistleblower Decisions
Ninth Circuit — Dodd-Frank Protects Internal Whistleblowers
By Lloyd B. Chinn and Emilie Adams on Posted in Dodd Frank
Proskauer To Present On Whistleblower Developments At ABA Midwinter Meeting
By Connie Bertram and Emilie Adams on Posted in SOX Whistleblower Decisions
SEC Intervenes In Former In-House Attorney’s Whistleblower Lawsuit
By Lloyd B. Chinn, Harris Mufson and Emilie Adams on Posted in Dodd Frank, SEC
OSHA Releases Final Dodd-Frank Whistleblower Regulations
By Steven J. Pearlman and Emilie Adams on Posted in OSHA Administration
ARB Rejects SOX Claim of Employee Who Threatened Co-Worker
By Steven J. Pearlman and Emilie Adams on Posted in Key ARB Decisions
Critic of High-Frequency Trading Receives SEC Whistleblower Bounty Award
By Harris Mufson and Emilie Adams on Posted in Dodd Frank
S.D.N.Y Dismisses Former Employee’s SOX and Dodd-Frank Whistleblower Claims
By Daniel Davis and Emilie Adams on Posted in Dodd Frank, SOX Whistleblower Decisions
Divided Sixth Circuit Dismisses Compliance Officer’s FCA Whistleblower Retaliation Claim
By Connie Bertram, Daniel Davis and Emilie Adams on Posted in False Claims Act
Eleventh Circuit Limits Scope of FCA Whistleblower Suit
By Connie Bertram, Guy Brenner and Emilie Adams on Posted in False Claims Act
Sixth Circuit Dismisses Whistleblower’s Claims Made By Job Applicant
By Connie Bertram, Daniel Davis and Emilie Adams on Posted in False Claims Act
