On March 29, 2021, 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 lacked an objectively or subjectively reasonable belief that the company violated any law enumerated in Section 806 of SOX.
Rebecca Fishbein is an associate in the Labor & Employment Department and a member of the Employee Benefits & Executive Compensation Group.
Rebecca earned her J.D. from Columbia Law School and her B.A. from Wellesley College. During law school, she was a member of the Mediation Clinic and a teaching assistant for the Negotiation Workshop. She also served as an editor for the Columbia Journal of Law & the Arts. In the employee benefits area, Rebecca’s practice focuses on all issues impacting multiemployer benefit plans and plan fiduciaries. She provides day-to-day to advice to boards of trustees and plan administrators on matters pertaining to plan administration, design and qualification, and compliance with applicable law. In addition, she advises on compensation and benefits in corporate transactions.
On January 29, 2021, the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of a SOX whistleblower retaliation claim where the plaintiff failed to establish an employer-employee relationship with the defendant. Moody v. Am. Nat’l Ins. Co., No. 20-cv-40462.
Plaintiff was the owner and president…