Assume the following, you ask your company’s in-house counsel to handle a highly sensitive matter involving bribery of foreign officials. The employee is given access to confidential attorney-client privileged information...more
7/9/2025
/ Adverse Employment Action ,
Attorney-Client Privilege ,
Corporate Counsel ,
Corporate Misconduct ,
Employee Rights ,
Employer Responsibilities ,
Employment Litigation ,
Employment Policies ,
Protected Activity ,
Retaliation ,
Whistleblowers
The stakes for non-compliance with federal immigration law have just increased exponentially. On May 12, 2025, the U.S. Department of Justice’s Criminal Division unveiled its new White Collar Enforcement Plan (“Enforcement...more
5/22/2025
/ Compliance ,
Corporate Counsel ,
Corporate Crimes ,
Department of Justice (DOJ) ,
Employer Responsibilities ,
Enforcement Actions ,
Immigration Enforcement ,
Immigration Procedures ,
Risk Management ,
Whistleblower Awards ,
Whistleblowers
In a matter of first impression, the U.S. District Court for the Western District of Pennsylvania in Cestra v. Mylan Inc. No. 15-0873 (E.D. Pa., May 22, 2015) held that the antiretaliation provision of the False Claims Act...more
6/12/2015
/ Anti-Retaliation Provisions ,
Cephalon ,
False Claims Act (FCA) ,
Hiring & Firing ,
Interlocutory Appeals ,
Mylan Pharmaceuticals ,
Protected Activity ,
Qui Tam ,
Whistleblower Protection Policies ,
Whistleblowers ,
Wrongful Termination
Continuing its emphasis on its Whistleblower Protection Program, the Occupational Safety and Health Administration (OSHA) released an updated Whistleblower Investigations Manual on May 21, 2015. OSHA enforces whistleblower...more
6/1/2015
/ Affordable Care Act ,
Compliance ,
Consumer Financial Protection Act (CFPA) ,
Department of Labor (DOL) ,
Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Good Faith ,
IRS ,
OSHA ,
Popular ,
Sarbanes-Oxley ,
Whistleblower Protection Policies ,
Whistleblowers
Keeping its promise announced last year, the Securities and Exchange Commission on April 1, 2015, released a cease-and-desist order ("Order") declaring illegal a publicly traded company's use of a confidentiality agreement...more
Long awaited in Sarbanes-Oxley Act (SOX) whistleblower circles, on October 9, 2014 the U. S. Department of Labor's Administrative Review Board (ARB) issued a split 2-1 panel decision in Fordham v. Fannie Mae, ARB No. 12-061,...more
In Lawson v. FMR LLC,1 the Supreme Court massively expanded the scope of the anti-retaliation provision of the Sarbanes-Oxley Act (SOX), from 4,500 publicly held companies to millions of private companies that are...more
Even though Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act more than three years ago, the basic question of who can claim the anti-retaliation protections of that law are less clear than ever....more
In This Issue:
- Whistleblower protections and in-House Counsel
- Sarbanes-oxley
- The Dodd-Frank Act
- The False Claims Act
- Common Law Wrongful Discharge Claims
- The Ethical...more
4/1/2013
/ After-Acquired Evidence ,
Attorney-Client Privilege ,
Confidentiality Agreements ,
Conflicts of Interest ,
Corporate Counsel ,
Dodd-Frank ,
False Claims Act (FCA) ,
Hiring & Firing ,
Injunctions ,
Protected Activity ,
Retaliation ,
Sarbanes-Oxley ,
Termination ,
Whistleblowers
The roller coaster continues for how to define protected activity under the Sarbanes Oxley Act (SOX). In a recent decision that signifies a major setback for employers, the United States Court of Appeals for the Third Circuit...more