Tony S. Martinez
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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
On September 25, 2019, a bipartisan group of U.S. Senators introduced the Whistleblower Programs Improvement Act (the “Act”), which would extend anti-retaliation protections under the Dodd-Frank Act to internal complaints. The Act mirrors a bill introduced in the House of Representatives earlier this year in direct response to the U.S. Supreme Court’s holding in Digital … Continue Reading
On July 19, 2019, the U.S. District Court for the District of Rhode Island granted an employer’s motion to dismiss a SOX whistleblower claim, holding that the Plaintiff—an in-house attorney—failed to allege sufficient facts to show he had an objectively reasonable belief that fraud had occurred. Colesanti v. Dickinson, No. 18-491. Background Plaintiff was an … Continue Reading
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
On December 21, 2018, the U.S. District Court for the Northern District of California stayed a plaintiff’s whistleblower retaliation claim under SOX (which was not subject to mandatory arbitration) while granting a motion compelling arbitration of the plaintiff’s remaining employment discrimination and retaliation claims. Anderson v. Salesforce.com, Inc., No. 18-cv-06712-PJH. Background Plaintiff alleged that he … 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
U.S. Senate Introduces Bill to Extend Dodd-Frank Whistleblower Protections
By Harris Mufson, Pinchos Goldberg and Tony S. Martinez on Posted in Dodd Frank, Legislation
District of Rhode Island Dismisses In-House Attorney’s SOX Whistleblower Claim for Lack of Protected Activity
By Steven J. Pearlman, Pinchos Goldberg and Tony S. Martinez on Posted in SOX Whistleblower Decisions
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
California Federal Court Stays SOX Claim Pending Arbitration of Related Claims
By Lloyd B. Chinn, Pinchos Goldberg, Tony S. Martinez and Steven J. Pearlman on Posted in SOX Whistleblower Decisions
