Administrative Review Board Archives

ARB Decision Clarifies Favorable Burden-Shifting Framework for Whistleblowers

The Department of Labor Administrative Review Board’s ruling in Palmer v. Canadian National Railway, ARB No. 16-035, ALJ No. 2014-FRS-154 (ARB Sept. 30, 2016) (en banc), underscores that the burden-shifting framework under most of the whistleblower-protection laws enforced by the Department of Labor is very favorable to whistleblowers. Though the ARB held that ALJs … Continued

DOL ARB Considering Whether Affirmative Defense Evidence is Relevant to a Whistleblower’s Burden of Proving Causation

At oral argument on August 24, 2016, whistleblower attorney Dallas Hammer urged the Department of Labor Administrative Review Board to avoid lowering the onerous burden that Congress imposed on employers under the Sarbanes-Oxley Act and other whistleblower protection laws. Dallas Hammer argued on behalf of amici curiae the National Employment Lawyers Association, Truckers Justice Center, Teamsters for a Democratic … Continued

Whistleblower Protection Law Firm Files Amici Curiae Brief Urging the ARB Not to Weaken Whistleblower Protection Laws

Jason Zuckerman and Dallas Hammer Zuckerman Law, a Washington DC law firm representing whistleblowers nationwide, filed an amici curiae brief on behalf of the National Employment Lawyers Association, Truckers Justice Center, Teamsters for a Democratic Union, and Teamsters Local 89, urging the ARB to adopt a burden-shifting framework that is consistent with the elevated burden … Continued

SOX Whistleblower Protection Remains a Vital Remedy Post-Berman

In the wake of the Second Circuit’s holding in Berman v. Neo@Ogilvy that the Dodd-Frank Act’s whistleblower provision protects internal disclosures, several commentators are predicting that the Sarbanes-Oxley Act’s whistleblower provision will become obsolete. Dodd-Frank is ostensibly a better remedy than SOX because Dodd-Frank authorizes double back pay and enables whistleblowers to bring their claims directly … Continued

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Whistleblower Lawyer Jason Zuckerman Presents at CLE on Whistleblower Reward and Retaliation Claims

DC whistleblower lawyer Jason Zuckerman spoke at a Bloomberg BNA CLE about recent developments in whistleblower reward and whistleblower retaliation claims. Zuckerman was joined by Sean X. McKessy, Chief of the SEC’s Office of the Whistleblower, Division of Enforcement, Steve J. Pearlman , partner in the Labor & Employment Law Department and co-head of Proskauer’s Whistleblowing & Retaliation … Continued

ARB Decision Clarifies Favorable Causation Standard for Whistleblowers

The Administrative Review Board’s decision in Powers v. Union Pacific Railroad is a significant victory for whistleblowers in that it establishes a favorable burden of proof for whistleblowers under the Sarbanes-Oxley Act and similar whistleblower protection laws. Zuckerman Law, a Washington DC firm that represents whistleblowers nationwide, submitted an amici curiae brief on behalf of the National Whistleblowers Center, National Employment Lawyers Association, Teamsters for a … Continued

Whistleblower Protection Law Firm Submits Amici Curiae Brief About Sarbanes-Oxley Whistleblower Causation Standard

Today the Zuckerman Law whistleblower protection law firm submitted an amici curiae brief to the Department of Labor Administrative Review Board urging the Board to affirm the majority opinion in Fordham v. Fannie Mae, ARB No. 12-061, ALJ No. 2010-SOX-051 (Oct. 9, 2014), which articulates a standard for “contributing factor” causation that is consistent with the … Continued

Whistleblower Protection Law Firm Publishes Article About Breakout Year for Whistleblower Rewards and Protections

Whistleblower Protection Law Firm Publishes Article About Breakout Year for Whistleblower Rewards and Protections Today Law360 published an article by whistleblower lawyers Jason Zuckerman and Dallas Hammer titled “A Year For Whistleblower Rewards And Protections.” The article discusses recent developments that render 2014 a transformative year in the development of whistleblower law. In particular, whistleblowers … Continued

Whistleblower Lawyer Jason Zuckerman Speaks at ABA Program About Litigating Whistleblower Claims at the U.S. Department of Labor

Earlier this week, whistleblower lawyer Jason Zuckerman spoke at an ABA program titled SOX, OSHA and Beyond: Litigating Whistleblower Claims at the U.S. Department of Labor. Zuckerman joined a distinguished panel, including Megan Guenther, Counsel for Whistleblower Programs in the Solicitor’s Office at the U.S. Department of Labor, Edwin G. Foulke, Jr., a partner at … Continued

Fifth Circuit Holds that “Outing” a Whistleblower is an Adverse Action Under SOX

Yesterday the Fifth Circuit issued a seminal decision in Halliburton v. Admin. Review Bd on the scope of Sarbanes-Oxley whistleblower protection, holding that 1) “outing” a whistleblower is a prohibited adverse action; 2) the “contributing factor” causation standard does not require a showing of a retaliatory motive; and 3) SOX affords noneconomic compensatory damages, including emotional … Continued

Image of Whistleblower attorney Jason Zuckerman Will Speak at ABA Seminar About Litigating Whistleblower Claims at the U.S. Department of Labor

Whistleblower attorney Jason Zuckerman Will Speak at ABA Seminar About Litigating Whistleblower Claims at the U.S. Department of Labor

Washington DC whistleblower lawyer Jason Zuckerman will be speaking at a panel about litigating whistleblower claims at the U.S. Department of Labor on December 8, 2014 at the Hillsborough County Bar Association in Tampa, FL. The program is sponsored by the ABA Section of Labor and Employment Law, National Employment Lawyers Association, Florida Bar Labor and … Continued

Image of Whistleblower Lawyer Jason Zuckerman Speaking at Seminar About Navigating the Maze of Private Sector Whistleblower Anti-Retaliation Laws

Whistleblower Lawyer Jason Zuckerman Speaking at Seminar About Navigating the Maze of Private Sector Whistleblower Anti-Retaliation Laws

DC whistleblower lawyer Jason Zuckerman is privileged to join Richard Renner, Of Counsel, Kalijarvi, Chuzi, Newman & Fitch, to speak on November 18, 2014 program about “Navigating the Maze of Private Sector  Whistleblower Anti-Retaliation Laws.” The proliferation of whistleblower retaliation and reward laws has created a complex maze of claims and remedies. This brown bag will … Continued