Proskauer Whistleblower Defense

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Third Circuit Lowers Bar For Determining Whether Internal Complaint Is SOX Protected Activity

By Steven J. Pearlman, Lloyd B. Chinn, Harris Mufson and Michael Spencer on Posted in SOX Whistleblower Decisions
In Wiest v. Lynch, No. 11-cv-4257, 2013 U.S. App. LEXIS 5345 (3d Cir. March 19, 2013), the Third Circuit gave Chevron deference to U.S. Department of Labor Administrative Review Board’s (ARB) interpretation of “protected activity” under Section 806 of SOX in Sylvester v. Parexel International LLC, No. 07-123 (ARB May 25, 2011), concluding that a … Continue Reading

District of Idaho: Federal District Courts Lack Jurisdiction to Enforce Preliminary Reinstatement Order

By Steven J. Pearlman and Michael Spencer on Posted in OSHA Administration
The stakes increase and the landscape changes tremendously in a whistleblower case when the Secretary of Labor (Secretary) issues a preliminary reinstatement order.  The specter of reinstatement could in some cases – especially where the whistleblower is an executive and/or there is serious acrimony – eclipse the risk of monetary awards.  And the Secretary is apt … Continue Reading
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