Pinchos Goldberg
Senior Counsel
Pinny Goldberg is a senior counsel in the Labor & Employment Law Department. Pinny represents employers in a broad array of matters before federal and state courts, FINRA and other arbitration panels, and administrative agencies, including the EEOC and its state equivalents, and in pre-litigation negotiations. Matters he works on include discrimination and harassment, wage and hour, wrongful discharge, whistleblowing and retaliation, covenants not to compete, breaches of fiduciary duty, unjust enrichment, and tort and contract claims.
In addition to handling litigation and dispute resolution, Pinny regularly advises clients on a wide variety of employment issues, including drafting, reviewing and revising handbooks and workplace policies. He also addresses questions and concerns related to hiring, wage and hour issues, employee leave, performance problems, terminations of employment, and separation agreements and releases.
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On February 15, 2023, the U.S. District Court for the Southern District of Ohio granted a defendant-employer’s motion for summary judgment on SOX whistleblower retaliation claims, holding that the plaintiff failed to establish the elements of a SOX claim, and that the company demonstrated that it would have discharged her in the absence of any … Continue Reading
OSHA’s new nationwide year-long pilot program that took effect on February 17, 2023, will aim to streamline the whistleblower complaint intake process. OSHA, which administers over two dozen whistleblower statutes, has seen a rising number of whistleblower complaints filed in recent years. This pilot program aims to relieve the strain on OSHA’s investigative resources by … Continue Reading
On January 4, the Third Circuit affirmed the dismissal of a former bank executive’s whistleblower retaliation claims, holding that two procedural errors doomed his case: he sued before exhausting his administrative remedies; and then he belatedly filed an administrative complaint after the statute of limitations had run. Jaludi v. Citigroup, No. 21-cv-1108. Background Plaintiff alleged … Continue Reading
As we previously reported, on February 13, 2020, an Administrative Law Judge (ALJ) of the Department of Labor (DOL) dismissed a former in-house attorney’s whistleblower claims because he worked entirely outside of the United States. On December 23, 2022, the D.C. Circuit unanimously affirmed, holding that SOX’s anti-retaliation provision does not apply extraterritorially. Garvey Morgan … Continue Reading
On December 6, 2022, the U.S. District Court for the Eastern District of Pennsylvania granted a defendant-employer’s motion for summary judgment on whistleblower retaliation claims brought under SOX and the Consumer Financial Protection Act of 2010 (“CFPA”). It held that the plaintiff could not prove that her alleged complaints of illegal conduct contributed to the … Continue Reading
On December 7, 2022, the U.S. Senate voted unanimously to expand whistleblower incentives and strengthen whistleblower protections by passing the Anti-Money Laundering Whistleblower Improvement Act. The bill bolsters the anti-money laundering whistleblower program by adding support for whistleblowers who report violations of U.S. sanctions laws, guaranteeing that whistleblowers will be paid a minimum award amount, … Continue Reading
On August 26, 2022, the Third Circuit affirmed a grant of summary judgment in favor of an employer, holding that whistleblower retaliation protections in the False Claims Act did not protect an employee from being discharged for harassing a co-worker. Crosbie v. Highmark Inc., et al., No. 21-1641. Background Plaintiff was a fraud investigator for … Continue Reading
On November 15, 2022, the SEC’s Office of the Whistleblower (OWB) released its annual report to Congress covering the period from October 1, 2021 to September 30, 2022. The report highlights a record-breaking year for the SEC’s whistleblower bounty program in certain respects, explains factors that can increase or decrease award amounts, and discusses recent … Continue Reading
On November 28, 2022, the SEC announced an award of $20 million to a whistleblower who provided new and critical information that contributed to a successful enforcement action. (The order granting the award can be accessed here.) The SEC noted that in determining the appropriate award amount, it considered that the whistleblower provided significant information … Continue Reading
On October 20, 2022, the Ninth Circuit reversed in part a grant of summary judgment in favor of an employer, finding that the district court misapplied the substantive law of California in holding that Plaintiff’s disclosures to his supervisor and to a third-party contractor did not constitute protected activity under the California Whistleblower Protection Act. … Continue Reading
On October 7, 2022, OSHA announced that it had ordered ExxonMobil Corp. to immediately rehire two computational scientists who alleged that they were fired in retaliation for leaking to the media their concerns about improper conduct by the company. In addition to reinstatement, the former employees were also awarded over $800,000 in back-pay, interest and … Continue Reading
On July 20, 2022, the Tenth Circuit affirmed a $1 million jury award to a former employee who claimed he was demoted in retaliation for reporting that his supervisor instructed him to falsify test results on a program used by the U.S. military. Casias v. Raytheon Co., Nos. 21-1195 and 21-1205 (10th Cir. 2022). Background … Continue Reading
On August 5, 2022, the Second Circuit overturned a nearly $1 million jury award granted to a former employee of UBS Securities LLC (“UBS”). The Court held that the judge’s instruction to the jury—that Plaintiff was “not required to prove that his protected activity was the primary motivating factor in his termination”—was incorrect as a … Continue Reading
On August 26, 2022, the U.S. Securities and Exchange Commission announced that it had adopted two amendments to its whistleblower program rules proposed earlier this year (see our post here). The first amendment allows whistleblowers who would have been eligible for an award under another whistleblower program that would not give them as high an … Continue Reading
On July 13, 2022, the First Circuit reversed a denial of summary judgment, finding plaintiff could not satisfy his burden of showing he engaged in protected activity under the SOX whistleblower protection provision. Baker v. Smith & Wesson, No. 21-2019 (1st Cir. 2022). The decision affirms that protected activity under SOX is limited to reporting … Continue Reading
On July 19, 2022, the SEC announced an award of more than $17 million award to a whistleblower who provided critical information and assistance to the SEC in a covered action and related action. (The order granting the award can be accessed here.) The SEC noted that because the same information provided led to the … Continue Reading
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
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
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
On February 10, 2022, the U.S. Securities and Exchange Commission announced two proposed amendments to its whistleblower program rules. As we previously reported here, a closely divided SEC adopted a final rule implementing several changes to its whistleblower program in September 2020. On January 13, 2021, a whistleblower attorney filed a lawsuit in the U.S. … Continue Reading
On January 27, 2022, the California Supreme Court settled an inconsistency that has divided the courts of appeal with respect to the proper evidentiary standard for whistleblower retaliation claims under California Labor Code section 1102.6. It ruled that the “contributing-factor” standard applies. Lawson v. PPG Architectural Finishes, Inc., No. S266001, __ P.3d __, 2022 WL … Continue Reading
On November 17, 2021, the U.S. District Court for the Southern District of New York held that a company and its CEO violated Rule 21F-17 of the Exchange Act by entering into confidentiality agreements with investors that prohibited communications with the SEC, and subsequently attempting to enforce those agreements. SEC v. Collectors Coffee Inc., No. … Continue Reading
On November 17, 2021, the EEOC updated its technical guidance on COVID-19 and anti-discrimination with a new anti-retaliation section. The new section largely restates existing statutory anti-retaliation protections in the context of COVID-19. The guidance provides several examples of COVID-related protected activity, which include filing a charge with the EEOC alleging that an employer has … Continue Reading
On November 23, 2021, the SEC issued an award of $400,000 to a whistleblower who voluntarily provided the SEC with original information that assisted the agency in bringing a successful enforcement action that resulted in the termination of an ongoing Ponzi-like scheme. This award is notable in that the claimant received an award even though … Continue Reading
Ohio District Court Grants Employer Summary Judgment on SOX Whistleblower Claims
By Steven J. Pearlman, Pinchos Goldberg and Ryan McGill on Posted in SOX Whistleblower Decisions
OSHA Implements Pilot Program to Streamline Complaint Intake Process
By Steven J. Pearlman, Pinchos Goldberg and Ryan McGill on Posted in OSHA Administration
Third Circuit Affirms Dismissal of Untimely SOX Whistleblower Claims
By Steven J. Pearlman, Pinchos Goldberg and Ariel Brotman on Posted in SOX Whistleblower Decisions
DC Circuit: SOX’s Anti-Retaliation Provision Does Not Apply Extraterritorially
By Pinchos Goldberg and Ariel Brotman on Posted in SOX Whistleblower Decisions
Pennsylvania District Court Grants Employer Summary Judgment on Whistleblower Retaliation Claims
By Steven J. Pearlman, Pinchos Goldberg and Alisha Bruce on Posted in CFPA, SOX Whistleblower Decisions
AML Whistleblower Improvement Act Signed Into Law
By Seetha Ramachandran and Pinchos Goldberg on Posted in AML, Legislation
Third Circuit: Whistleblowers Are Not Shielded From Discipline for Misconduct
By Steven J. Pearlman, Pinchos Goldberg and Margo Richard on Posted in False Claims Act
SEC Releases FY 2022 Whistleblower Annual Report
By Steven J. Pearlman, Pinchos Goldberg and Ryan McGill on Posted in SEC
SEC Announces $20 Million Award to Whistleblower
By Pinchos Goldberg on Posted in SEC
Ninth Circuit Takes Broad View of Protected Activity under the California Whistleblower Protection Act
By Steven J. Pearlman, Pinchos Goldberg and David Gobel on Posted in State-Specific Whistleblower Claims
OSHA Orders Company to Reinstate Whistleblowers and Orders Payment of Over $800k for Purported SOX Violations
By Steven J. Pearlman, Pinchos Goldberg and Alisha Bruce on Posted in OSHA Administration, SOX Whistleblower Decisions
Tenth Circuit Affirms $1 Million Jury Award to Whistleblower
By Steven J. Pearlman, Pinchos Goldberg and E. Sydney Cone on Posted in Defense Contractor Whistleblower Protection Act
Second Circuit: SOX Whistleblower Claims Require Retaliatory Intent
By Pinchos Goldberg and Alisha Bruce on Posted in SOX Whistleblower Decisions
SEC Adopts Amendments to Whistleblower Program Rules
By Steven J. Pearlman and Pinchos Goldberg on Posted in SEC
First Circuit: FCPA is not a “Rule or Regulation of the SEC” Under SOX Whistleblower Provision
By Steven J. Pearlman, Pinchos Goldberg and E. Sydney Cone on Posted in SOX Whistleblower Decisions
SEC Announces $17 Million Award to Whistleblower
By Steven J. Pearlman and Pinchos Goldberg on Posted in SEC
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
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
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
SEC Proposes Amendments to Whistleblower Program Rules, Which May Lead to More SEC Tips
By Steven J. Pearlman and Pinchos Goldberg on Posted in SEC
CA Supreme Court: Contributing-Factor Standard Applies to Whistleblower Retaliation Claims
By Steven J. Pearlman, Pinchos Goldberg and Morgan Peterson on Posted in State-Specific Whistleblower Claims
SDNY: Confidentiality Agreement Impeded Investors from Whistleblowing
By Steven J. Pearlman, Pinchos Goldberg and Scott Tan on Posted in Rule 21F-17, SEC
EEOC Updates COVID-19 Guidance with Anti-Retaliation Section
By Steven J. Pearlman, Pinchos Goldberg and Scott Tan on Posted in Best Practices, EEOC
SEC Awards $400,000 to Whistleblower Culpable In Fraudulent Scheme
By Steven J. Pearlman and Pinchos Goldberg on Posted in SEC
