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.
Dodd Frank
D.C. Circuit: No Award to Whistleblower Who Made Disclosure Before Enactment of SEC’s Whistleblower Program
By Lloyd B. Chinn, Pinchos Goldberg & Dixie Morrison on
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…
CA District Court: Dodd Frank Whistleblower Provision Does Not Apply Extraterritorially
On June 28, 2021, the United States District Court for the Northern District of California granted the Company’s Rule 12(b)(6) motion to dismiss after an executive claimed he was discharged in violation of the Dodd-Frank Act’s (DFA) whistleblower protection provision for alerting the Company and authorities about possible tax fraud. …
Ga. District Court Dismisses Dodd-Frank and SOX Whistleblower Claims
On September 30, 2020, the U.S. District Court for the Northern District of Georgia granted an employer’s motion to dismiss a Dodd-Frank whistleblower claim on the ground that the alleged whistleblower did not complain to the SEC prior to his termination. The court also granted Plaintiff’s SOX whistleblower claim as…
ARB Denies Equitable Tolling of 180-Day Statute of Limitations Under SOX
By Lloyd B. Chinn, Pinchos Goldberg & Scott Tan on
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…
ARB Rules That Complaints about Theoretical Violations are not Protected Whistleblowing Activity under Dodd-Frank
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. …
SDNY Dismisses Dodd-Frank Whistleblower Claim for Lack of Protected Activity and Causation
By Harris Mufson, Pinchos Goldberg & Scott Tan on
On February 28, 2020, the U.S. District Court for the Southern District of New York dismissed a former chief marketing officer’s claim of whistleblower retaliation under the Dodd Frank Act. Cellucci v. O’Leary No. 19-cv-02752 (S.D.N.Y. 2020).
Background
Plaintiff is one of several former chief executives of a closely-held infrastructure…
U.S. Senate Introduces Bill to Extend Dodd-Frank Whistleblower Protections
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.…
Second Circuit Holds Dodd-Frank Whistleblower Retaliation Claims are Arbitrable
By Lloyd B. Chinn & Pinchos Goldberg on
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…
SDNY Dismisses SOX and Dodd-Frank Whistleblower Claims Against Private Company
On June 3, 2019, the U.S. District Court for the Southern District of New York granted a defendant-employer’s motion for summary judgment on SOX and Dodd-Frank whistleblower retaliation claims, finding that the alleged whistleblowing did not involve fraud related to a public company. Tellez v. OTG Interactive, LLC, No.