Corporate Whistleblower Archives

Can Whistleblowers Disclose Secret Recordings to the SEC?

Many companies ban employees from making audio or video recordings in the workplace. Companies argue that these policies promote employee communication without the fear of being recorded. However, are these policies lawful? Can corporate whistleblowers provide recordings evidencing fraud to the SEC notwithstanding these policies? Taping and Disclosing Information to the SEC Can be Protected … Continued

Comey’s Testimony Underscores Need for Strong Whistleblower Protections

For me, the most telling moment of former FBI Director Jim Comey’s June 8th testimony occurred early in the hearing, when Mr. Comey choked up as he recalled the White House’s publicly stating that the President had fired him because the “FBI was in disarray.” This emotional display seemed out of character for Mr. Comey. … Continued

Sarbanes-Oxley Whistleblower Decision Clarifies Broad Scope of Protected Whistleblowing

A recent decision from the U.S. District Court for the Southern District of New York clarifies the broad scope of protected whistleblowing under the Sarbanes-Oxley Act (“SOX”). In Murray v. UBS Securities, LLC, the court held that: To be protected under SOX, an employee-whistleblower need only prove that he or she “reasonably believed” that his … Continued

Whistleblower Attorney Dallas Hammer Interviewed by Bloomberg About Dodd-Frank Protected Whistleblowing

Bloomberg Law Securities Law Daily interviewed whistleblower attorney Dallas Hammer about the scope of protected whistleblower under the Dodd-Frank Act for an article titled High Court Petitioned on Whistle-Blower Retaliation Issue. The article reports that Digital Realty Trust is requesting Supreme Court review of a Ninth Circuit decision holding that the Dodd-Frank Act protects internal whistleblowing. The Ninth Circuit’s decision is … Continued

Sarbanes-Oxley Protects Disclosures About Inadequate Information Security Controls

SOX Whistleblower Defeats Motion to Dismiss On March 30, 2017, a Florida district court denied Tyco International Management Company’s (Tyco) motion to dismiss a Sarbanes-Oxley (SOX) retaliation claim brought by its former Manager of Financial Reporting, Carolina Thomas. According to the order, Thomas raised concerns to Tyco’s management about: (1) the falsity and inadequacy of … Continued

GAO Report Calls for Improvements in Government Contractor Whistleblower Protections

In a report entitled “Contractor Whistleblower Protections Pilot Program: Improvements Needed to Ensure Effective Implementation,” the U.S. Government Accountability Office (GAO) identifies deficiencies in the implementation of the NDAA whistleblower protection provisions and makes recommendations to improve these vital protections for employees of government contractors and grantees. The report identified the following flaws in the implementation of … Continued

Court Rules that Whistleblowers Can Use Confidential Company Documents to Expose Fraud

A whistleblower achieved a significant win on a critical challenge that nearly all corporate whistleblowers often face – whether they can use confidential company documents to expose fraud and other illegality. Judge Bashant’s decision in Erhart v. Bofi Holdings clarifies that employer confidentiality agreements do not supersede federal whistleblower rights, and signals that retaliatory lawsuits against … Continued

Whistleblower Attorney Dallas Hammer to Speak at Webinar About Government Investigations & Corporate Compliance

Whistleblower attorney Dallas Hammer will speak at a Rossdale seminar titled Mastering Government Investigations & Corporate Compliance CLE on March 8, 2017. To register, click here. Mr. Hammer represents whistleblowers in whistleblower retaliation and whistleblower rewards claims, including Sarbanes-Oxley whistleblower actions. Mr. Hammer has written extensively about protections for cybersecurity whistleblowers, including the following publications: The Rise of Cybersecurity Whistleblowing, NYU Law Compliance & … Continued

Whistleblower Attorney Interviewed by National Law Journal About Labor Secretary Nominee

A National Law Journal article titled What Should the Senate #AskPuzder? Labor Lawyers Have Questions summarizes interviews with employment lawyers across the country about what senators should ask Labor Secretary nominee Puzder at his confirmation hearing. The NLJ interviewed whistleblower lawyer Jason Zuckerman, Principal of Washington DC whistleblower law firm Zuckerman Law, and he proposed asking the … Continued

Jury Awards Former Bio-Rad Counsel $11M in Sarbanes-Oxley Whistleblower Case

A California jury has awarded former Bio-Rad Laboratories Inc. General Counsel Sanford Wadler $11M in his Sarbanes-Oxley whistleblower retaliation lawsuit. Approximately $3M of the award is for back pay and the remaining amount is for punitive damages. Under the Dodd-Frank Act, backpay will likely be doubled. Wadler is represented by Kerr & Wagstaff. The jury instructions … Continued

Judge Gorsuch’s Opinion in Whistleblower Case Reveals the Dishonesty of his Alleged Strict Textualism

If Judge Neil Gorsuch is confirmed, he will play a critical role in construing laws that protect worker health and safety, including laws protecting whistleblowers who suffer retaliation for opposing illegal or unsafe conduct that jeopardizes public health and safety. According to the Bureau of Labor Standards, 4836 workers were killed on the job in … Continued

Sarbanes-Oxley Authorizes Damages for Reputational Harm

In a Sarbanes-Oxley whistleblower retaliation lawsuit headed to trial, Judge Sweet denied J.P. Morgan Chase & Co.’s (JPMC) motion in limine to prohibit SOX whistleblower Jennifer Sharkey from introducing evidence regarding reputational damage, harm to career, and emotional distress. JPMC asserted that the whistleblower protection provision of SOX does not cover damages for loss of reputation and … Continued