Whistleblower Protection Law Archives

Congress Strengthens Whistleblower Protections for Federal Employees

Yesterday President Trump signed into law Follow the Rules Act, which prohibits an agency from taking a personnel action against an employee for refusing an order that would require the employee violate a law, rule or regulation. The Act overturns the Federal Circuit’s 2016 decision in Rainey v. Merit Sys. Prot. Bd., 2016 WL 3165617 (Fed. Cir. June … Continued

Whistleblower Lawyer Quoted About Comey’s Leak to the Press

An article in the Washington Examiner titled Is James Comey in trouble for ‘leaking’ his own notes? quotes whistleblower lawyer Jason Zuckerman about whether Mr. Comey’s disclosures to The New York Times could land him in hot water. The article notes that leaking government information can be punishable under the Espionage Act and other laws … 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 Lawyer Will Speak at PLI Seminar on Corporate Whistleblowing

Whistleblower lawyer Jason Zuckerman will speak at the PLI Institute seminar on Corporate Whistleblowing in 2017 on June 28, 2017 in New York. To register, click here. Zuckerman is privileged to join a panel on legal developments in the Whistleblower Space with Christopher Ehrman, Renee Phillips, and Teri M. Wigger. The panel will address key … Continued

OSC Urges Ninth Circuit to Adopt Suitable Exhaustion Requirement

In an amicus brief filed with the Ninth Circuit, the Office of Special Counsel urges reversal of a MSPB decision that imposes an onerous administrative exhaustion requirement on IRA appellants seeking relief at the Board under the Whistleblower Protection Act. In Johnen v. Department of the Army, the Board held that to satisfy the exhaustion … Continued

Whistleblowers with axes to grind are protected

“Wrongdoing is no less wrong because it was brought to light by an employee with an axe to grind[,]” argues the U.S. Office of Special Counsel’s (OSC) in a recent amicus brief in a Whistleblower Protection Act case. Last week, the OSC filed an amicus brief about whether a federal employee must have “pure” motives when … 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

Ninth Circuit Holds that Dodd-Frank Protects Internal Whistleblowing

The U.S. Court of Appeals for the Ninth Circuit recently joined the Second Circuit in holding in Somers v. Digital Realty Trust that whistleblowers are protected under the Dodd-Frank Act if they report securities-law violations internally and not to the Securities and Exchange Commission. By contrast, the Fifth Circuit, the only other federal circuit to weigh … Continued

Inspector General Concludes that Marshalls Service Official Violated the Whistleblower Protection A

Following an investigation, the Department of Justice Inspector General concluded that the Chief Deputy United States Marshal (CDUSM) and a Senior Inspector retaliated against subordinate employees for their cooperation with an OIG investigation. According to the investigative summary, the retaliation included restricting an employee’s work assignments and threatening retaliation to dissuade employees from cooperating with … 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

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