News & Analysis as of

Retaliation Causation Whistleblowers

Parker Poe Adams & Bernstein LLP

Fourth Circuit Holds That Intervening Events Do Not Erase Retaliation Claims

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

Bradley Arant Boult Cummings LLP

False Claims Act - 2023 Year in Review

As we do every year, this issue revisits the key cases and other developments from the year gone by. And by most metrics, 2023 was a notable year for the False Claims Act (FCA). We start with the numbers: The Department...more

A&O Shearman

Top challenges for white collar crime and investigations lawyers in 2024

A&O Shearman on

We asked our global white collar crime team for their views on the key challenges in 2024 for in‑house investigations teams and white collar crime lawyers, and how to manage the associated risks. Here is what they said. ...more

Proskauer - Whistleblower Defense

Tenth Circuit Affirms $1 Million Jury Award to Whistleblower

On July 20, 2022, the Tenth Circuit affirmed a $1 million jury award to a former employee who claimed he was demoted in retaliation for reporting that his supervisor instructed him to falsify test results on a program used by...more

Morgan Lewis - Up & Atom

Sixth Circuit Rejects Chain-of-Events Theory of Causation in Whistleblower Cases

The US Court of Appeals for the Sixth Circuit’s recent favorable decision in Lemon v. Norfolk Southern Railway Corporation, announced its rejection of the chain-of-events theory of causation in whistleblower cases. In doing...more

Rumberger | Kirk

FCRA Retaliation Claims Require Proof of But-For Causation According to Fourth DCA

Rumberger | Kirk on

In an en banc decision by the Fourth District Court of Appeal in Palm Beach Cty. Sch. Bd. v. Wright, Case No. 4D16–112, WL 1278072 (Fla. 4th DCA Apr. 5, 2017), the court adopted a new standard on causation for Florida Civil...more

Proskauer - Whistleblowing & Retaliation

ARB Rejects SOX Claim of Employee Who Threatened Co-Worker

On February 18, 2016, the ARB dismissed a former employee’s whistleblower retaliation claim under Section 806 of SOX, concluding that he failed to show that his protected activity contributed to the decision to terminate his...more

Proskauer - Whistleblowing & Retaliation

3rd Circuit Affirms Dismissal in Long-Running Weist SOX Whistleblower Case

On February 2, 2016, the Third Circuit affirmed the dismissal of the SOX whistleblower retaliation claim in the closely watched case of Weist v. Tyco Electronics Corp., No. 15-2034. We have posted on key events during the...more

Proskauer - Whistleblowing & Retaliation

6th Circuit Reverses Itself, Abandons “Definitively and Specifically” Standard For SOX Whistleblower Protected Activity

On May 28, 2015, the Sixth Circuit Court of Appeals ruled that an employee who reports allegedly fraudulent conduct engages in protected activity under SOX where he or she has a reasonable belief that the activity reported is...more

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