Sarbanes-Oxley whistleblower protection 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

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 Lawyer Hammer Quoted by Bloomberg About Rebound in Sarbanes Oxley Whistleblower Retaliation Claims

Whistleblower lawyer Dallas Hammer is quoted extensively in a Bloomberg BNA article titled Dodd-Frank Overhaul Could Spark Rebound in SOX Whistle-Blower Cases. Hammer provided Bloomberg with his insights about the likely impact of the Financial Choice Act on the Dodd-Frank SEC Whistleblower Program and the whistleblower protection provision of the Sarbanes-Oxley Act. Hammer made a few … Continued

Whistleblower Attorney Chairing CLE on Whistleblower Rights of Private Sector Employees

Washington DC Whistleblower attorney Jason Zuckerman is chairing a DC Bar CLE on the whistleblower rights of private sector employees on May 16, 2017 from 5:30 pm to 8:45 pm. To register, click here. Don’t miss this chance to catch up on recent developments under whistleblower reward and whistleblower protection laws, including developments under the … 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

OSHA Orders Wells Fargo to Pay $5.4M to Whistleblower

Wells Fargo Whistleblower Prevails at OSHA In what appears to be the largest DOL damages award in a Sarbanes-Oxley whistleblower retaliation case, today OSHA issued an order requiring Wells Fargo to pay $5.4M to a bank manager who was abruptly dismissed from his position after he reported separate incidents of suspected bank, mail and wire … Continued

Whistleblower Attorney Will Address BNA Bloomberg Webinar About Trying Sarbanes-Oxley Whistleblower Retaliation Cases

Whistleblower attorney Jason Zuckerman will speak at a BNA Bloomberg webinar titled “Trying Sarbanes-Oxley Whistleblower Retaliation Cases” on Thursday, April 20, 2017 from 12:00 PM to 1:30 PM ET. To register, click here. This year a jury awarded Sanford Wadler, the former General Counsel of a public company, approximately $11M in damages in a Sarbanes-Oxley (SOX) whistleblower … 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

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

Whistleblower Lawyer Will Speak on Panel About Whistleblower and Rewards Claims: Top 10 New Developments

Whistleblower lawyer Jason Zuckerman will speak at a CLE sponsored by the Metropolitan Washington Employment Lawyers Association on a panel titled Whistleblower and Rewards Claims: Top 10 New Developments. Zuckerman is privileged to join attorneys Lynne Bernabei and Richard Renner. The panel will address the following topics: Recent SEC whistleblower awards and the SEC’s focus on combating … Continued

Court Rules for In-House Counsel Whistleblower

A recent decision from the U.S. District Court for the Northern District of California in Wadler v. Bio-Rad Laboratories, Inc. clarifies that federal law permitting in-house lawyers to blow the whistle using confidential information trumps state rules of professional responsibility. Takeaways for Attorney-Whistleblowers Where evidence for federal and state-law claims overlaps, federal common law governs the application of … Continued

Sarbanes-Oxley Whistleblower Prevails on Appeal

In an unpublished decision in Yang v. Navigators Grp., Inc., the Second Circuit recently clarified a Sarbanes-Oxley whistleblower’s burden at the summary-judgment stage. Takeaways for Sarbanes-Oxley Whistleblowers A plaintiff’s self-serving testimony alone is sufficient to preclude summary judgment by creating a genuine issue of material fact regarding protected activity. Where a plaintiff and his or … Continued