Mondaq USA: Employment and HR > Whistleblowing
Foley & Lardner
The Supreme Court in Digital Realty Trust narrowed the definition of a whistleblower under the Dodd-Frank Act only to those persons who have provided information of a securities laws violation to the U.S. Securities and Exchange Commission (SEC), resolving a split between the Fifth and Ninth Circuits. Digital Realty Trust, Inc. v. Somers, ___ U.S. ___, No. 16-1276 (Feb. 21, 2018).
Seyfarth Shaw LLP
The United States Supreme Court ruled 9-0 today that whistleblowing employees seeking to sue for retaliation under the Dodd-Frank Wall Street Reform and CPA must bring their concerns to the SEC before suing their employer.
Fisher Phillips LLP
The U.S. Supreme Court declined to broaden the definition of "whistleblower" in federal anti-retaliation law, ruling that employees who simply raise complaints with their employers are not protected by the Dodd-Frank Act despite regulations which sought to provide additional protections.
Duane Morris LLP
On Wednesday, February 21, 2018, the United States Supreme Court held, 9-0, in the case of Digital Realty Trust, Inc. v. Somers that the term "whistleblower" under the Dodd-Frank Wall Street Reform and Consumer Protection Act does not include individuals who report violations of securities laws internally to their companies but not to the United States Securities and Exchange Commission.
Ogletree, Deakins, Nash, Smoak & Stewart
On February 21, 2018, the Supreme Court of the United States ruled that the anti-retaliation provision of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act does not extend to an individual who has not reported a violation of the securities laws to the Securities and Exchange Commission (SEC).
Proskauer Rose LLP
On February 5, 2018, U.S. District Court for the Southern District of New York granted Defendant Khan Funds Management America, Inc.'s Rule 12(b)(6) motion to dismiss a whistleblower retaliation claim under Dodd-Frank...
Seyfarth Shaw LLP
The U.S. District Court for the District of New Jersey recently held that the proper time for a plaintiff to elect whether to proceed with a statutory whistleblower claim under CEPA, or a common law Pierce claim for...
Duane Morris LLP
New U.S. Department of Justice (DOJ) statistics released in January 2018 show that False Claims Act (FCA)...
Proskauer Rose LLP
This sizeable adverse jury verdict highlights the risks that employers may face in trying whistleblowing and retaliation suits to a jury.
Foley & Lardner
Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business.
Proskauer Rose LLP
On January 17, 2018, a Portland, Oregon jury issued a verdict of $1 million in damages to a former employee who alleged that his employer retaliated against him for reporting misconduct.
Proskauer Rose LLP
The Seventh Circuit made clear that SOX does not extend to a company's internal policy disagreements or to the provision of advice about securities disclosures.
Troutman Sanders LLP
On December 22, a federal court applied the plain language of the "whistleblower-protection provisions" of the False Claims Act, including 31 U.S.C. § 3730(h), to hold that a plaintiff ...
BakerHostetler
With the New Year come new laws that affect California employers. The following is the "A to Z" of changes in the law that may affect your business in 2018.
Lewis Brisbois Bisgaard & Smith LLP
The 2017 Missouri General Assembly session produced the fewest legislative changes since 2000, with the passage of seventy-five new bills.
Proskauer Rose LLP
The U.S. District Court for the District of Maryland recently denied a motion for summary judgment in a whistleblower retaliation claim under the Consumer Financial Protection Act of 2010...
BakerHostetler
On November 28, 2017, the United States Supreme Court heard oral argument on whether whistleblowers are entitled to protection from retaliation under Section 922 of the Dodd-Frank Wall Street Reform and...
Proskauer Rose LLP
On December 5, 2017, the SEC announced a whistleblower award of more than $4.1 million to an overseas former company insider.
Arnold & Porter
On the whole, however, these justices appeared to favor Digital Realty's interpretation of the statute.
Proskauer Rose LLP
The SEC denied awards to five other claimants.
Most Popular Recent Articles
Foley & Lardner
Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business.
Duane Morris LLP
New U.S. Department of Justice (DOJ) statistics released in January 2018 show that False Claims Act (FCA)...
Arnold & Porter
On the whole, however, these justices appeared to favor Digital Realty's interpretation of the statute.
Proskauer Rose LLP
This sizeable adverse jury verdict highlights the risks that employers may face in trying whistleblowing and retaliation suits to a jury.
Seyfarth Shaw LLP
The U.S. District Court for the District of New Jersey recently held that the proper time for a plaintiff to elect whether to proceed with a statutory whistleblower claim under CEPA, or a common law Pierce claim for...
Proskauer Rose LLP
The Northern District of New York recently denied a Rule 12(b)(6) motion to dismiss a former employee's Dodd-Frank whistleblower retaliation claim, finding that the plaintiff sufficiently alleged....
Seyfarth Shaw LLP
New Jersey's Appellate Division upheld summary judgment dismissing a claim of whistleblower retaliation under the Conscientious Employee Protection Act ("CEPA"), finding that plaintiff...
Proskauer Rose LLP
On January 17, 2018, a Portland, Oregon jury issued a verdict of $1 million in damages to a former employee who alleged that his employer retaliated against him for reporting misconduct.
Lewis Brisbois Bisgaard & Smith LLP
The 2017 Missouri General Assembly session produced the fewest legislative changes since 2000, with the passage of seventy-five new bills.
Troutman Sanders LLP
On December 22, a federal court applied the plain language of the "whistleblower-protection provisions" of the False Claims Act, including 31 U.S.C. § 3730(h), to hold that a plaintiff ...
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