FAQs

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

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…

7 years ago

Is an employer’s attempt to stop a corporate whistleblower from blowing the whistle to the government actionable retaliation?

Yes, an employer's effort to force a corporate whistleblower to waive the non-waivable right to…

7 years ago

Is a lawsuit against a whistleblower actionable retaliation?

  Suing a Whistleblower Can Give Rise to a Retaliation Claim Filing a lawsuit without…

7 years ago

Is selective application of policy or disparate treatment evidence of retaliation?

Disparate treatment in the selective application of policy is powerful evidence of reprisal.  See, e.g.,…

7 years ago

Does an employer’s failure to follow its personnel policies and practices prove retaliation?

An employer's departure from its customary practice or its personnel policies is relevant circumstantial evidence…

7 years ago

Where can a Sarbanes-Oxley whistleblower appeal a decision of the Administrative Review Board?

A SOX whistleblower may, within 60 days of the ARB’s issuing its final decision, file…

7 years ago

Can a Sarbanes-Oxley whistleblower bring a retaliation case in federal court?

A Sarbanes-Oxley whistleblower case must be filed initially with OSHA.  If the Department of Labor has not…

7 years ago

What is the scope of discovery in a Sarbanes-Oxley whistleblower case?

The scope of discovery in Sarbanes-Oxley whistleblower cases is broad.  In an order granting a motion…

7 years ago

Can a Sarbanes-Oxley whistleblower appeal an Administrative Law Judge’s decision?

How can a SOX whistleblower appeal an ALJ’s decision? A SOX whistleblower can file a petition…

7 years ago

Do formal rules of evidence apply in Sarbanes-Oxley whistleblower trials at the Department of Labor?

Formal rules of evidence do not apply in SOX whistleblower cases litigated before a DOL ALJ.…

7 years ago

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…

7 years ago

Does the Whistleblower Protection Act Prohibit Retaliation for Refusing to Obey an Order Requiring a Violation of Law?

  The Whistleblower Protection Act prohibits an employer from taking a personnel action against an employee…

7 years ago