SEC Whistleblower Lawyers Archives

What level of detail is required in a Sarbanes-Oxley complaint?

What level of detail is required in a Sarbanes-Oxley retaliation complaint filed at OSHA? A SOX complaint filed at OSHA need not plead every … Continued

Will I get a reward for reporting fraud being committed by my employer?

Whistleblower rewards programs at federal agencies authorize the payment of awards to corporate whistleblowers, including the whistleblower reward programs at the SEC, IRS, CFTC, and … Continued

Is a whistleblower’s motive for engaging in protected activity relevant in a whistleblower protection case?

Motive for engaging in protected activity not relevant in a Sarbanes-Oxley whistleblower-protection case A whistleblower’s motive for engaging in protected conduct is irrelevant. See Henderson … Continued

Why should courts be skeptical of an adverse employment action taken based on subjective criteria?

Subjective standards are difficult for courts to evaluate and difficult for plaintiffs to rebut, and their use in employment decisions should be viewed with suspicion. See Hill v. Seaboard Coast Line R. Co., 885 F.2d 804, 808-09 (11th Cir. 1989); see also Watson v. Fort Worth Bank & Trust, 487 U.S. 977, 1009 (1988) (Blackmun J., concurring) ( “Allowing an employer to escape liability simply by articulating vague, inoffensive-sounding subjective criteria would disserve Title VII’s goal of eradicating discrimination in employment.”); Miles v. M.N.C. Corp., 750 F.2d 867, 871 (11th Cir. 1985) (“subjective evaluations . . . provide a ready mechanism for … discrimination.”).

Does concealment of potential liability violate federal securities laws?

Regulation S-K Item 103 requires the corporation to briefly describe material pending legal proceedings, other than ordinary routine litigation incidental to the business, to … Continued

What is the half-truth doctrine in federal securities law?

When a corporation speaks through a public filing or informally, e.g., by issuing a press release, the half-truth doctrine requires the corporation to include … Continued

Is a lawsuit against a whistleblower actionable retaliation?

Suing a Whistleblower Can Give Rise to a Retaliation Claim Filing a lawsuit without a sufficient factual basis to dissuade a whistleblower or discrimination … Continued

What is the statute of limitations for a SOX whistleblower retaliation case?

The deadline for a SOX whistleblower to file a complaint is 180 days after they either experience or become aware of the unlawful retaliation.[i] The clock starts ticking once “the discriminatory decision has been both made and communicated to the complainant.”[ii] A complaint is considered filed once the Department of Labor receives it. A complaint sent by mail, however, is considered filed on the date of its postmark.

Does the Sarbanes-Oxley Act authorize jury trials?

Jury Trials in Sarbanes-Oxley Whistleblower Cases The Dodd-Frank Act (“Dodd-Frank”) amendments to Section 806 of SOX clarify the right to try a SOX whistleblower claim … Continued

Can whistleblowers obtain rewards or bounties for reporting fraud to the SEC?

Qualifying for an SEC Whistleblower Award How to Successfully Navigate the Process to Obtain an SEC Whistleblower Award Under the Dodd-Frank SEC Whistleblower Reward Program, a … Continued

Does the SEC protect whistleblowers?

The SEC recently brought its first enforcement action ever to be based solely on retaliation against a whistleblower. On September 29, 2016, the SEC ordered International Game Technology (“IGT”) to pay a $500,000 penalty for terminating the employment of a whistleblower because he reported to senior management and to the SEC that the company’s financial statements might be distorted. See Exchange Act Release No. 78991 (Sept. 29, 2016).

Does the Sarbanes-Oxley whistleblower law authorize front pay?

Prevailing Sarbanes-Oxley Whistleblowers Can Recover Front Pay A prevailing SOX whistleblower can recover “all relief necessary to make the employee whole,” including reinstatement, back pay, … Continued

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