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Searching Content indexed under Litigation, Mediation & Arbitration by Renee Phillips ordered by Published Date Descending.
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Hut-Hut-Hike: The Second Circuit Tackles Hostile Work Environment Claims Under The ADA
In a case of first impression, the Second Circuit has held that hostile work environment claims are cognizable under the American with Disabilities Act (ADA).
United States
11 Apr 2019
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SEC Bounty Hunters Take Heart: SEC Fines Company $265,000 For Using Severance Agreements That Provided A Waiver Of Any Monetary Recovery For Filing A Tip
Today, the SEC announced that an Atlanta-based company, BlueLinx Holdings, is settling charges that its severance agreements contained provisions that it in its view might impede employees from communication...
United States
17 Aug 2016
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It's All A Matter Of Degree – Fourth Circuit Upholds Four-Year Front Pay Award And Tuition Reimbursement In SOX Case
Although the Fourth Circuit in Gunther v. Deltek affirmed liability and a generous front pay award to an employee under SOX, it is important to recognize that the court was not reviewing the case de novo.
United States
24 Jun 2016
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Where Have You Gone Dennis Kozlowski? Third Circuit Dismisses Tyco Employee's Whistleblower Claim Over Excessive Corporate Spending
On February 2, 2016, the Third Circuit affirmed the dismissal of a long-running SOX whistleblower suit filed by Jeffrey Wiest, a former accounts payable manager for Tyco Electronics.
United States
11 Feb 2016
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Sixth Circuit Affirms $250K Victory To SOX Whistleblower And Provides Broad Interpretation Of SOX
On May 28, 2015, the Sixth Circuit in Rhinehimer v. U.S. Bancorp Investments, Inc. affirmed a $250,000 jury verdict in favor of a former financial advisor for U.S. Bancorp Investments...
United States
15 Jun 2015
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High Court Says "Let It Ride"; Limo Company Fails To Flag Down Enough Justices To Hear PAGA Carve-Out Case
On January 20, the United States Supreme Court denied certiorari in CLS Transportation Los Angeles LLC v. Iskanian, leaving intact a decision by the California Supreme Court holding that representative Private Attorney General Act (PAGA) claims cannot be waived in arbitration agreements. Enacted in 2004, PAGA deputizes private citizens to seek penalties on behalf of the state by bringing representative suits for workplace violations.
United States
4 Feb 2015
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Third Circuit Issues First Appellate Decision Compelling Arbitration Of Dodd-Frank Whistleblower Claim
In Khazin v. TD Ameritrade, No. 14-1689, 2014 WL 6871393 (3rd Cir. Dec. 8, 2014), the Third Circuit affirmed a lower court's decision compelling arbitration of a Dodd-Frank whistleblower retaliation claim.
United States
22 Dec 2014
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Bon Voyage! Dodd Frank Whistleblower Claim Shipped Tto Arbitration
In Murray v. UBS Securities, LLC, Judge Failla in the Southern District of New York compelled arbitration of a Dodd-Frank whistleblower retaliation claim, holding that nothing in the anti-retaliation provision, 15 U.S.C. 78u-6(h), precludes the arbitration of these claims.
United States
5 Feb 2014
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