SOX Whistleblower Decision Clarifies Broad Scope of SOX Protected Conduct

A recent win by a Sarbanes-Oxley Act (“SOX”) whistleblower in Burns v Medtronic , No. 8:15-cv-2330-T17-TBM, 2016 WL 3769369 (M.D. Fla. July 12, 2016), highlights the broad scope of SOX protected whistleblowing and the trend of…

PwC Settlement in $5.5 Billion Bankruptcy Case of Former Client Underscores the Critical Gatekeeper Role of Auditors

Jason Zuckerman and Matthew Stock, CPA In the largest accounting negligence case to go to trial, PricewaterhouseCooopers (PwC) was accused of enabling a $5.5 billion fraud at the bankrupt mortgage lender Taylor Bean & Whitaker…

Swap Reporting CFTC Whistleblower Lawyers

  Swap Dealer Disclosure and Reporting Requirements Under the Dodd-Frank Act, swap dealers and major swap participants are required to comply with certain disclosure, recordkeeping, and reporting requirements related to its swap transactions. This includes…

DOL ARB Considering Whether Affirmative Defense Evidence is Relevant to a Whistleblower’s Burden of Proving Causation

At oral argument on August 24, 2016, whistleblower attorney Dallas Hammer urged the Department of Labor Administrative Review Board to avoid lowering the onerous burden  that Congress imposed on employers under the Sarbanes-Oxley Act and other…

US Steel Rescinding Immediate Injury Reporting Policy in Settlement of Two Whistleblower Retaliation Cases

  In a settlement of two Section 11(c) whistleblower retaliation cases, US Steel agreed to rescind and not enforce its Immediate Reporting Policy.  US Steel’s Immediate Reporting Policy discouraged employees from reporting injuries because they risk…

Whistleblower Disclosures to Federal Agencies Are Protected Under the Work Product Doctrine

Magistrate Judge Nita Stormes’ recent ruling in BofI Federal Bank v. Erhart suggests that the attorney work product doctrine can protect whistleblowers’ confidential disclosures to government agencies from discovery in civil litigation.  A bedrock principle undergirding…

OSHA Fines Employer $105,000 for Retaliating Against an Employee Who Complained About Mold Exposure

IFCO Services N.A. (IFCO) has agreed to pay $105,000 for violating Section 11(c) of the Occupational Safety and Health Act when it terminated Debra Walters, an office manager, for her disclosures about mold exposure. When…

SEC Enforcement Action Clarifies Broad Scope of Anti-Gag Provision in Dodd-Frank Whistleblower Rules

Recognizing whistleblowers’ vital role in combating securities fraud, the SEC has issued a cease-and -desist order against BlueLinx Holdings Inc. for using overly broad confidentiality provisions in severance agreements that would likely deter employees from…

Whistleblower Lawyer Will Speak at BNA Bloomberg Webinar on New Developments in Whistleblower Law

  Whistleblower lawyer Jason Zuckerman will speak at a BNA Bloomberg on New Developments in Whistleblower Law on September 27, 2016 at 1:00 PM ET. Zuckerman is privileged to join distinguished experts Jane Norberg, Acting Chief, SEC Office of…