Can a news organization avoid a discrimination claim by arguing that it was exercising its First Amendment right to choose who writes the news?
That’s the question that the California courts have been grappling with in...more
2/7/2020
/ ADEA ,
Age Discrimination ,
Anti-SLAPP ,
Associational Retaliation ,
CA Supreme Court ,
Cable Television Providers ,
Cause of Action Accrual ,
CNN ,
Defamation ,
Disability Discrimination ,
First Amendment ,
Hiring & Firing ,
News Stories ,
Plagiarism ,
Race Discrimination ,
Retaliation ,
Wrongful Termination
Tell the Securities and Exchange Commission (SEC). That’s the message the United States Supreme Court sent to whistleblowers with its decision yesterday in Digital Realty Trust, Inc. v. Somers....more
2/23/2018
/ Anti-Retaliation Provisions ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Internal Reporting ,
Reporting Requirements ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Whistleblower Protection Policies ,
Whistleblowers
When Congress passed the Dodd-Frank Act in 2010, it bolstered protections for whistleblowers who report certain kinds of misconduct, such as violations of securities law. At the time, the Sarbanes-Oxley Act already provided...more
12/1/2017
/ Anti-Retaliation Provisions ,
Department of Labor (DOL) ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Internal Reporting ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Whistleblowers ,
Wrongful Termination
The Dodd-Frank Act, passed in 2010, includes a new cause of action for whistleblowers who claim that their employer retaliated against them for reporting wrongdoing. But it’s not yet certain whether a whistleblower who blew...more
In our last post, we detailed how Sanford Wadler, the former general counsel of Bio-Rad Laboratories, won a $14.5 million verdict against Bio-Rad.
Before Wadler could get to a jury, however, he had to surmount a...more
3/10/2017
/ Administrative Proceedings ,
Attorney-Client Privilege ,
Bio-Rad Laboratories ,
Confidential Information ,
Crime-Fraud Exception ,
Federal v State Law Application ,
Foreign Corrupt Practices Act (FCPA) ,
Hiring & Firing ,
Legal Ethics ,
Motion to Exclude ,
Privilege Waivers ,
Retaliation ,
Sarbanes-Oxley ,
State Law Claims ,
Whistleblowers ,
White Collar Crimes ,
Wrongful Termination
When an employee brings a lawsuit alleging that his employer retaliated or discriminated against him, courts typically assess the claim by using a burden-shifting approach. Under this approach, after the employer offers a...more