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Jury Awards $960,000 In First Trial Under New Mexico Whistleblower Law
On January 18, 2013, a former New Mexico Public Regulation Commission (PRC) employee prevailed in the first case to reach trial under the state’s Whistleblower Protection Act (NMWPA). Feliciano v. New...
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Proskauer’s Whistleblower & Retaliation Practice Group Welcomes Connie Bertram
Proskauer has added leading Washington, D.C. employment litigator Connie N. Bertram as a Partner in its Washington, DC office, and she will serve as co-head of our preeminent whistleblower team. Her...
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Employers Taking Stand Against Allegedly Frivolous Whistleblower Claims
Employers who believe they have been subjected to frivolous whistleblower suits are starting to say “enough is enough,” and searching for ways to vindicate their rights and send a strong message. This...
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Second Circuit “Clarifies” SOX Burden-Shifting Framework
On March 5, 2013, the U.S. Court of Appeals for the Second Circuit “clarified” the burden-shifting framework for whistleblower claims brought under Section 806 of the Sarbanes-Oxley Act of 2002...
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DoL (Yes, The DoL!) Pays Big Settlement In Whistleblower Case
Earlier this month, the U.S. Department of Labor (DoL) settled a whistleblower claim brought by Robert Whitmore, a former DoL recordkeeping official, for $820,000. Mr. Whitmore alleged that he...
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We Appreciate Your Support!
Since launching our Whistleblower Defense Blog in November 2012, we have committed to becoming a go-to resource for timely and insightful content regarding critical legal developments in the...
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SEC Enforcement Official Recommends That Firms Showcase Their Compliance...
Stephen Cohen, Associate Director in the Securities and Exchange Commission’s (SEC) Enforcement Division, recently advised companies being investigated to flaunt their compliance programs to the...
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Sixth Circuit: ERISA’s Whistleblower Provision Doesn’t Protect Giving...
The Sixth Circuit (in a 2-1 decision) recently held that ERISA Section 510 does not protect unsolicited employee complaints. See Sexton v. Panel Processing, Inc., 2014 U.S. App. LEXIS 8752 (6th Cir....
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Seventh Circuit: ARRA Whistleblower Claim Failed Because Complaints Did Not...
A Seventh Circuit panel recently affirmed dismissal of a whistleblower claim under the American Reinvestment and Recovery Act of 2009 (“ARRA”) where the complaint did not state a claim (for Rule...
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New York Times: Bounty Programs Incentivize Wrongdoers to Collect
We have seen a number of substantial whistleblower awards make headlines this year, but a recent article on nytimes.com discusses the potential downsides of government-sponsored bounty programs:...
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Petition Urges DOL To Target Contractual Clauses Discouraging Whistleblowing
The Government Accountability Project (GAP) and Zuckerman Law recently petitioned the U.S. Department of Labor (“DOL”) to issue rules and guidance prohibiting “de facto” gag clauses in settlement and...
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9th Circuit Dismisses ERA Whistleblower Retaliation Claim
On February 12, 2016, the Ninth Circuit rejected a former maintenance manger’s whistleblower retaliation claims under the Energy Reorganization Act, 42 U.S.C. § 5851 (“ERA”), concluding that he failed...
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OSHA Launches “Expedited Case Processing Pilot” For Whistleblower Claims
On August 1, 2016, the U.S. Department of Labor (DOL) launched a new pilot program, titled “Expedited Case Processing Pilot,” in its Western region. Here is the DOL’s press release describing the...
View ArticleE.D. Virginia Allows FCA Whistleblower Retaliation Claim To Proceed
On October 23, 2017, the Eastern District of Virginia rejected a motion to dismiss a former employee’s claim for whistleblower retaliation under the False Claims Act (“FCA”). Andrews v. City of...
View ArticleU.S. Department of Labor Appoints Three New Members to the ARB
On January 8, 2019, the DOL announced Secretary Alexander Acosta’s appointment of three new members to the Administrative Review Board (ARB), filling vacancies that had been open for months, and...
View ArticleLA Jury Awards Whistleblower $1.5 Million
On February 28, 2019, a Los Angeles jury issued a verdict of $1.5 million in damages to a former employee who alleged his employer retaliated against him for reporting misconduct in violation of the...
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SEC Enforcement Official Recommends That Firms Showcase Their Compliance...
Stephen Cohen, Associate Director in the Securities and Exchange Commission’s (SEC) Enforcement Division, recently advised companies being investigated to flaunt their compliance programs to the...
View ArticleClik here to view.
Sixth Circuit: ERISA’s Whistleblower Provision Doesn’t Protect Giving...
The Sixth Circuit (in a 2-1 decision) recently held that ERISA Section 510 does not protect unsolicited employee complaints. See Sexton v. Panel Processing, Inc., 2014 U.S. App. LEXIS 8752 (6th Cir....
View ArticleClik here to view.
Seventh Circuit: ARRA Whistleblower Claim Failed Because Complaints Did Not...
A Seventh Circuit panel recently affirmed dismissal of a whistleblower claim under the American Reinvestment and Recovery Act of 2009 (“ARRA”) where the complaint did not state a claim (for Rule...
View ArticleClik here to view.
New York Times: Bounty Programs Incentivize Wrongdoers to Collect
We have seen a number of substantial whistleblower awards make headlines this year, but a recent article on nytimes.com discusses the potential downsides of government-sponsored bounty programs:...
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