Jeremy M. Mittman
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On June 27, 2018, the U.S. District Court for the Central District of California granted Snap Inc.’s motion to compel arbitration of a Dodd-Frank whistleblower retaliation claim. Pompliano v. Snap Inc., No. 17-cv-3664 (2018 WL 3198454). Background. Plaintiff signed an employment agreement (the “Agreement”) with Snap Inc. (the “Company”) without consulting an attorney. Fired just “three … Continue Reading
A California federal court—in Erhart v. BofI Holding, Inc., 2017 U.S. Dist. LEXIS 14755, Case No. 15-cv-02287 (S.D. Cal. Sept. 11, 2017)—recently denied BofI Federal Bank’s (“BofI’s”) motion to dismiss the Sarbanes-Oxley whistleblower claims plead in their former internal auditor Charles Erhart’s amended complaint. The court also denied BofI’s motion as to Erhart’s defamation claim, … Continue Reading
On February 12, 2016, the Ninth Circuit rejected a former maintenance manger’s whistleblower retaliation claims under the Energy Reorganization Act, 42 U.S.C. § 5851 (“ERA”), concluding that he failed to engage in in a protected activity. Sanders v. Energy Northwest, No. 14-cv-35368.… Continue Reading
On October 23, 2015, the U.S. District Court for the Northern District of California largely denied a motion to dismiss a whistleblower retaliation claim brought by a company’s former general counsel, ruling that: (I) the SOX and Dodd-Frank anti-retaliation provisions provide for individual liability against board members; and (ii) the Dodd-Frank anti-retaliation provision protects internal … Continue Reading
California Federal Court Grants Motion to Compel Arbitration of Dodd-Frank Whistleblower Claim
By Harris Mufson and Jeremy M. Mittman on Posted in Dodd Frank
UPDATE: California Federal Court Permits Former Bank Internal Auditor’s Whistleblower Claims to Proceed
By Harris Mufson, Jeremy M. Mittman and Pietro Deserio on Posted in SOX Whistleblower Decisions
9th Circuit Dismisses ERA Whistleblower Retaliation Claim
By Steven J. Pearlman and Jeremy M. Mittman on Posted in Uncategorized
N.D. Cal.: Internal Whistleblowers Are Protected and May Sue Individual Directors
By Jeremy M. Mittman, Steven J. Pearlman and Bali Kumar on Posted in Dodd Frank, SOX Whistleblower Decisions