Proskauer Whistleblower Defense

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Lloyd B. Chinn

Partner
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Lloyd B. Chinn is a partner in the Labor & Employment Law Department and co-head of the Whistleblowing & Retaliation Group. He litigates employment disputes of all types before federal and state courts, arbitration tribunals (e.g., FINRA, JAMS and AAA), and before administrative agencies in New York and across the country. Lloyd's practice ranges from litigating compensation disputes to defending whistleblower, discrimination and sexual harassment claims. Although he represents employers in a wide range of industries, including law, insurance, health care, consulting, media, education and technology, he focuses a substantial portion of his practice on the financial services sector. He has tried to final verdict or arbitration award substantial disputes in this area.

Due to Lloyd’s litigation experience, clients regularly turn to him for advice regarding the full range of employment matters, including terminations, whistleblower policy and procedure, reductions in force, employment agreements, and employment policies. For example, in the wake of the financial crisis, he has counseled a number of firms through reductions in force and related bonus and deferred compensation disputes. Lloyd has also been retained to conduct internal investigations of allegations of workplace misconduct, including claims leveled against senior executives.

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CA District Court: SOX and Dodd-Frank’s Whistleblower Provisions Do Not Apply To Individual Employed Abroad

By Lloyd B. Chinn, Pinchos Goldberg and Hayden F. Bashinski on Posted in Dodd Frank, SOX Whistleblower Decisions
On June 7, 2022, the United States District Court for the Northern District of California, relying on recent ARB decisions, held that a plaintiff who lived and worked for a Canadian subsidiary of a US company could not avail himself to the anti-retaliation provisions of SOX and the Dodd-Frank Act.  Daramola v. Oracle Am., Inc., … Continue Reading

Florida District Court Limits Scope of Protected Activity under the FCA

By Lloyd B. Chinn, Pinchos Goldberg and Dixie Morrison on Posted in False Claims Act, State-Specific Whistleblower Claims
On March 29, 2022, the U.S. District Court for the Southern District of Florida held that in order to engage in protected conduct under the False Claims Act (“FCA”), a plaintiff must specifically suspect that their employer has made a false claim for payment to the federal government; vague suspicions of fraud or misuse of … Continue Reading

D.C. Circuit: No Award to Whistleblower Who Made Disclosure Before Enactment of SEC’s Whistleblower Program

By Lloyd B. Chinn, Pinchos Goldberg and Dixie Morrison on Posted in Dodd Frank, SOX Whistleblower Decisions
On May 27, 2022, the D.C. Circuit Court of Appeals affirmed an order by the Securities and Exchange Commission (“SEC”) denying a whistleblower award under the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”), holding that information provided to the SEC prior to Dodd-Frank’s enactment did not qualify for a whistleblower award under the … Continue Reading

New York’s Whistleblower Protection Law Is Dramatically Expanded

By Lloyd B. Chinn, Pinchos Goldberg and Eric Novak on Posted in Legislation, State-Specific Whistleblower Claims
On October 28, 2021, New York Governor Kathy Hochul signed into law a bill dramatically expanding New York’s whistleblower statute, New York Labor Law § 740, which is scheduled to take effect on January 26, 2022.  S4394A/A.5144A. The Previous Whistleblower Law New York Labor Law § 740, which was enacted in 1984, was designed to … Continue Reading

OSHA’s COVID-19 Emergency Temporary Standard Contains Anti-Retaliation Provision

By Lloyd B. Chinn, Pinchos Goldberg and Scott Tan on Posted in OSHA Administration
On June 21, 2021, OSHA’s much-anticipated Emergency Temporary Standard (“ETS”) on COVID-19 protections went into effect.  While Proskauer’s Law and the Workplace blog covered the ETS in detail here, this post focuses on the anti-retaliation provision in the ETS. Anti-Retaliation Provision The ETS, which applies only to the health-care sector, contains an anti-retaliation provision prohibiting … Continue Reading

Whistleblower Attorney Challenges SEC Final Rule Changing Its Whistleblower Program

By Lloyd B. Chinn, Pinchos Goldberg and Scott Tan on Posted in SEC
On January 13, 2021, a New York whistleblower attorney filed a lawsuit in the U.S. District Court for the District of Columbia challenging a recent final rule adopted by the Securities and Exchange Commission (the “Commission or “SEC”) which made several changes to the SEC’s whistleblower program. The SEC Final Rule The final rule was … Continue Reading

SEC Announces Record-Breaking $114 Million Award to Whistleblower

By Lloyd B. Chinn and Pinchos Goldberg on Posted in SEC
On October 22, 2020, the SEC announced an award of over $114 million to a whistleblower who, after reporting internally to their employer, provided the SEC with information and assistance that led to the successful enforcement of SEC and related actions.  The $114 million award consists of an approximately $52 million award in connection with … Continue Reading

SEC Awards Almost $30 Million to Two Insider Whistleblowers

By Lloyd B. Chinn and Pinchos Goldberg on Posted in SEC
On September 30, 2020, the SEC’s Office of the Whistleblower announced multi-million dollar awards to two whistleblowers who provided the SEC with information that assisted the agency in bringing a successful enforcement action.  (The order granting the awards can be accessed here.)  The larger of the two awards, $22 million, is one of the SEC’s … Continue Reading

ARB Denies Equitable Tolling of 180-Day Statute of Limitations Under SOX

By Lloyd B. Chinn, Pinchos Goldberg and Scott Tan on Posted in Dodd Frank, Key ARB Decisions
On June 29, 2020, the Administrative Review Board (“ARB”) upheld the dismissal of a whistleblower retaliation complaint under Section 806 of the Sarbanes-Oxley Act (“SOX”) for failure to file within the 180-day statutory deadline.  Xanthopoulos v. Marsh & McLennan Companies, Inc., ARB Case No. 2019-0045 (June 29, 2020). Background Complainant was an employee of Mercer … Continue Reading

ARB Rules That Complaints about Theoretical Violations are not Protected Whistleblowing Activity under Dodd-Frank

By Lloyd B. Chinn, Pinchos Goldberg and Heylee Bernstein on Posted in Dodd Frank, DOL Decisions
On June 18, 2020, the U.S. Department of Labor Administrative Review Board (“ARB”) held that a complaint about a theoretical violation of the Dodd-Frank Wall Street Reform and Consumer Financial Protection Act of 2010 (“Dodd-Frank”) does not constitute protected activity under the whistleblower provisions of that statute.  Bryan Horn v. University First Federal Credit Union, … Continue Reading

Texas District Court Dismisses SOX Whistleblower Claim for Lack of Employer-Employee Relationship

By Lloyd B. Chinn, Pinchos Goldberg and Alex Downie on Posted in SOX Whistleblower Decisions
On June 12, 2020, the U.S. District Court for the Southern District of Texas granted a motion to dismiss in favor of the defendant in a SOX whistleblower retaliation case, finding that the alleged whistleblower – a contractor and advisory board member of the defendant – was not an employee of the defendant, as required … Continue Reading

COVID-19 Whistleblower Protection Bill Introduced Into Congress

By Steven J. Pearlman, Lloyd B. Chinn, Pinchos Goldberg and Tony S. Martinez on Posted in Legislation
On June 15, 2020, Senator Kamala Harris and Representatives Jackie Speier and Jamie Raskin introduced the COVID-19 Whistleblower Protection Act (the “Act”), which seeks to provide protections for employees who blow the whistle on employers who misuse federal funds received through various measures enacted by Congress aimed at mitigating the impact of the coronavirus pandemic. … Continue Reading

SEC Announces Record-Breaking $50 Million Award to Whistleblower

By Lloyd B. Chinn, Pinchos Goldberg and Dominique Kilmartin on Posted in SEC
On June 4, 2020, the SEC announced a nearly $50 million award to a whistleblower who provided the SEC with detailed, first-hand information that assisted the agency in bringing a successful enforcement action.  While tipsters have previously shared a $50 million award, this is the largest amount ever awarded to a single whistleblower under the … Continue Reading

Whistleblower Claims on the Horizon Amid COVID-19 Pandemic

By Steven J. Pearlman, Lloyd B. Chinn, Harris Mufson, Pinchos Goldberg and Caroline Guensberg on Posted in Best Practices, OSHA Administration, State-Specific Whistleblower Claims
In recent weeks, there have been numerous widely reported incidents of employees, particularly those in the health care industry, claiming that they have been retaliated against for reporting health and safety concerns related to COVID-19.  Such complaints are indicative of the kinds of whistleblower and retaliation claims employers are likely to see in the near … Continue Reading

SEC Awards Whistleblower More Than $27 Million

By Lloyd B. Chinn and Pinchos Goldberg on Posted in SEC
On April 16, 2020, the SEC announced payment of more than $27 million to a whistleblower who alerted the agency to misconduct that had occurred, in part, overseas.  (The order granting the award can be accessed here.) In explaining the reason for its award determination, the SEC noted that the whistleblower had “repeatedly and strenuously … Continue Reading

CFTC Releases FY 2019 Annual Report

By Lloyd B. Chinn, Pinchos Goldberg and Scott Tan on Posted in CFTC
The Commodity Futures Trading Commission (“CFTC”) recently released its statutorily mandated 2019 Annual Report covering the fiscal year ending on September 30, 2019.  The report, prepared by the CFTC’s Whistleblower Office (“WBO”), outlines the tips received and awards granted during the fiscal year, and describes the status of the WBO’s initiatives to educate consumers about … Continue Reading

NLRB Permits Confidentiality Restrictions During Internal Investigations

By Lloyd B. Chinn and Pinchos Goldberg on Posted in Best Practices, Investigations, Rule 21F-17
As reported in Proskauer’s Labor Relations Update blog, the NLRB issued an important opinion on December 17, 2019 relating to employer rules requiring confidentiality from employees during workplace investigations.  Apogee Retail LLC d/b/a Unique Thrift Store, 368 NLRB No. 144 (2019). The Board held, in a reversal of the Obama-era Board, that employers may require … Continue Reading

Second Circuit Holds Dodd-Frank Whistleblower Retaliation Claims are Arbitrable

By Lloyd B. Chinn and Pinchos Goldberg on Posted in Dodd Frank
On September 19, 2019, the Second Circuit affirmed a New York District Court’s order compelling arbitration of a whistleblower retaliation claim under the Dodd-Frank Act.  Daly v. Citigroup Inc., et al., No. 18-665. Background Plaintiff worked in the Private Bank Division of the bank.  She allegedly complained to bank attorneys and human resources employees that … Continue Reading

Eastern District of Pennsylvania Grants Summary Judgment on SOX Claim

By Lloyd B. Chinn, Tony S. Martinez and Pinchos Goldberg on Posted in SOX Whistleblower Decisions
On July 18, 2019, the U.S. District Court for the Eastern District of Pennsylvania granted a defendant-employer’s motion for summary judgment on a SOX whistleblower retaliation claim, holding that the Plaintiff did not have an objectively reasonable belief that the defendant violated any SEC regulation.  Reilly v. Glaxosmithkline, LLC, No. 17-cv-2045. Background Plaintiff worked in … Continue Reading

Update on Bofl SOX Whistleblower Litigation

By Lloyd B. Chinn, Pinchos Goldberg and Annabel Pollioni on Posted in SOX Whistleblower Decisions
This is an update on our previous blog posts regarding the Erhart v. BofI Holding, Inc. case. We previously reported in October 2017 and March 2017 on a whistleblower litigation brought by Charles Erhart, a former Bank of Internet Holding, Inc. (Bofl) internal auditor.  In late 2018, the parties filed cross-motions for judgement on the … Continue Reading
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