News & Analysis as of August 5, 2025

Whistleblowers

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Fourth Circuit Holds That Intervening Events Do Not Erase Retaliation Claims

Parker Poe Adams & Bernstein LLP on 8/1/2025

On July 25, 2025, a three-judge panel of the Fourth Circuit issued its opinion in Finley v. Kraft Heinz Inc. upending the grant of summary judgment to an employer in a retaliation case. ...more

Would-Be Whistleblower Fails to Show Causation Under the Bank Secrecy Act for Termination

Ballard Spahr LLP on 7/9/2020

The Southern District of New York (“SDNY”) recently rejected a retaliation claim brought by a former bank employee under the Bank Secrecy Act (“BSA”), granting summary judgment in favor of the employer bank because the former...more

Eastern District of Pennsylvania Grants Summary Judgment on SOX Claim

Proskauer - Whistleblower Defense on 8/7/2019

On July 18, 2019, the U.S. District Court for the Eastern District of Pennsylvania granted a defendant-employer’s motion for summary judgment on a SOX whistleblower retaliation claim, holding that the Plaintiff did not have...more

Proskauer Scores Two Summary Judgments for Client Cedars-Sinai Medical Center Within 48 Hours

Proskauer - California Employment Law on 7/18/2019

We’re delighted to report that we secured two summary judgments in two separate alleged discrimination cases on behalf of our client Cedars-Sinai Medical Center in matters that were pending in the Los Angeles Superior Court....more

TN Appeals Court Reinstates Hostile Work Environment and Whistleblower Claims

Butler Snow LLP on 7/8/2019

An individual may file a claim under Tennessee’s “whistleblower statute”—the Tennessee Public Protection Act (TPPA)—if she was fired solely for reporting or refusing to participate in illegal activity. Similar to federal law,...more

SDNY Dismisses SOX and Dodd-Frank Whistleblower Claims Against Private Company

Proskauer - Whistleblower Defense on 6/20/2019

On June 3, 2019, the U.S. District Court for the Southern District of New York granted a defendant-employer’s motion for summary judgment on SOX and Dodd-Frank whistleblower retaliation claims, finding that the alleged...more

Alabama Federal Court Denies Motion for Summary Judgement on SOX Whistleblower Claim

Proskauer - Whistleblower Defense on 5/6/2019

On April 2, 2019, the U.S. District Court for the Northern District of Alabama denied a defendant-employer’s motion for summary judgment on a SOX whistleblower retaliation claim, finding genuine issues of material fact...more

"Actual Damages" Interpreted to Include Non-Economic Damages Under Pennsylvania's Whistleblower Law

Littler on 4/4/2018

A recent Pennsylvania Supreme Court decision has upheld that successful plaintiffs are entitled to non-economic damages under Pennsylvania’s Whistleblower Law, 43 P.S. §§1421-1428 (the “Law”). In Bailets v. Pa. Turnpike...more

SDNY Grants Summary Judgment Against Plaintiff in SOX Blacklisting Suit

Proskauer - Whistleblower Defense on 4/2/2018

The U.S. District Court for the Southern District of New York recently granted a motion for summary judgment against a Plaintiff claiming retaliatory blacklisting under SOX, holding that a former employer’s policy of refusing...more

10th Circuit Reverses Grant of Summary Judgment on SOX Whistleblower Claim

Proskauer - Whistleblower Defense on 3/1/2018

On February 22, 2018, the Tenth Circuit Court of Appeals reversed a district court’s grant of summary judgment against a Plaintiff who claimed that his employment was terminated in violation of the SOX whistleblower...more

Mississippi Federal Court Denies Summary Judgment on SOX Whistleblower Claim

Proskauer - Whistleblower Defense on 2/27/2018

On February 12, 2018, the United States District Court for the Northern District of Mississippi recently denied a motion for summary judgment in a SOX whistleblower claim where the defendant company alleged that it terminated...more

New Jersey’s Conscientious Employee Protection Act Requires Election of Remedies Before Summary Judgment

Seyfarth Shaw LLP on 2/12/2018

Seyfarth Synopsis: 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...more

Seventh Circuit Affirms Grant of Summary Judgment on Terminated CEO’s SOX And DFA Claims

Proskauer - Whistleblower Defense on 1/17/2018

Last week, the Seventh Circuit Court of Appeals held that a terminated CEO’s complaints about his board of directors’ managerial decisions did not qualify as protected whistleblowing under the Sarbanes-Oxley Act of 2002...more

Ninth Circuit Affirms Dismissal Of Dodd-Frank Whistleblower Case, Using Securities Fraud Standard

Proskauer - Whistleblower Defense on 8/7/2017

The Ninth Circuit recently affirmed a grant of summary judgment in an employer’s favor, dismissing a SOX and Dodd-Frank whistleblower retaliation case based on the plaintiff’s lack of an objectively reasonable belief of...more

S.D.N.Y. Dismisses Dodd-Frank Whistleblower Retaliation Claim

Proskauer - Whistleblower Defense on 2/23/2017

In one of the first cases to address the standard governing a motion for summary judgment in a Dodd-Frank whistleblower retaliation case, Judge Jed S. Rakoff ruled that two former executives of Vista Outdoor Inc. (the...more

E.D. Pennsylvania Limits Protected Activity Under SOX

Proskauer - Whistleblower Defense on 10/31/2016

In Westawski v. Merck & Co., No. 14-cv-3239 (E.D. Pa. Oct. 18, 2016), the Eastern District of Pennsylvania granted Defendant Merck & Co. (Company) summary judgment on Plaintiff Joni Westawski’s (Plaintiff) SOX whistleblower...more

Seventh Circuit Issues Ruling Interpreting False Claim Act Whistleblower Amendments

Proskauer - Whistleblower Defense on 10/19/2016

The Seventh Circuit recently issued a decision interpreting the anti-retaliation provisions of the False Claims Act (FCA). The decision provides important clarifications about how courts may interpret recent amendments to...more

Ninth Circuit Issues Pro-Employer and Pro-Union Ruling Against Worker With a Long History of Harassing Comments

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/31/2016

In a recent decision, the Ninth Circuit Court of Appeals affirmed a district court’s grant of summary judgment in favor of the defendants in a case involving the discharge of a union employee following his alleged...more

Does New Jersey's Conscientious "Everyone" Protection Act Trump the NLRB's Exclusive Jurisdiction? State Supreme Court says "Yes"...

FordHarrison on 8/18/2016

Executive Summary: Just when employers thought New Jersey's Supreme Court could not expand the state's whistleblower law further (as we reported last summer), the Conscientious Employee Protection Act (CEPA) once again has...more

Dodd-Frank News: November 2015: Dodd-Frank Wall Street Reform and Consumer Protection Act Update

Burr & Forman on 11/3/2015

The Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted as a measure to promote financial stability and protection for consumers through increased regulation of nearly every aspect of the consumer finance...more

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