Under the National Labor Relations Act (NLRA), employees have a right of collective action, and employers are prohibited from interfering with that right. But these provisions can conflict with an employer’s desire and...more
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
1. Does Title VII Protect Against Discrimination Based on Gender Identification or Sexual Orientation?
The Supreme Court has not yet resolved whether Title VII of the Civil Rights Act—which forbids discrimination in...more
1/25/2018
/ Anti-Retaliation Provisions ,
Civil Rights Act ,
Class Action Arbitration Waivers ,
Collective Actions ,
Department of Labor (DOL) ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Epic Systems Corp v Lewis ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Arbitration Act ,
Gender Identity ,
LGBTQ ,
Minimum Salary ,
NLRB ,
Over-Time ,
Reporting Requirements ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Trump Administration ,
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
Ghosts, ghouls, and ghastly liability; the last is certainly enough to spook any employer. For this Halloween, we take a trip down Elm Street to revisit the most startling nightmares we’ve ever covered....more
10/31/2017
/ Damages ,
Disability Discrimination ,
Employer Liability Issues ,
Halloween ,
Hiring & Firing ,
Medical Leave ,
Pretext ,
Punitive Damages ,
Teachers ,
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
Companies entrust their in-house attorneys with sensitive and confidential information in order to obtain legal advice on important matters. Thus, when an in-house attorney turns on his or her employer, the repercussions can...more
When Congress passed the Sarbanes-Oxley and Dodd-Frank Acts, it included protections for employees who blow the whistle on wrongdoing by their employers. However, those whistleblower protections don’t apply to every report of...more
9/30/2016
/ Amended Complaints ,
Auditors ,
Corporate Misconduct ,
Dodd-Frank ,
Failure To State A Claim ,
Lack of Specificity ,
Motion to Amend ,
Sarbanes-Oxley ,
Whistleblower Protection Policies ,
Whistleblowers ,
Wrongful Termination