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Federal Court Allows SOX Whistleblower Claim To Proceed But Dismisses Dodd-Frank Claim

On October 2, 2018, the U.S. District Court for the Western District of Pennsylvania federal court denied a Rule 12(b)(6) motion to dismiss a SOX whistleblower retaliation claim, reasoning that ... read more

Litigating SOX Whistleblower Claims - Chapter 8

A DOL ALJ dismissed Ms. Tice’s claim ... may allow whistleblowers to recover more than they could on SOX claims alone. That’s because, although SOX does not authorize punitive damages, a SOX plaintiff ... read more

Say Goodbye To Dodd-Frank Whistleblower Claims

Even were both types of claims available, the Dodd-Frank whistleblower claim allows for ... [9] Indeed, courts have not hesitated to recognize fundamental distinctions between Sarbanes-Oxley and ... read more

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Meritless whistleblower retaliation claims are on the rise

(Most whistleblower cases under the Dodd-Frank Wall Street Reform and Consumer Protection Act go directly to federal court and therefore are not included ... “It starts as an employment retaliation ... read more

Sarbanes-Oxley—10 Years Later

Under SOX, an employee who faced retaliation had 90 days to file a claim ... straight to federal court. SOX set up a process requiring employee-whistleblowers to go to OSHA with their complaints of ... read more

Alabama Federal Court Partially Grants Motion to Dismiss SOX Claim On Exhaustion Grounds

... to the SEC and filed a SOX whistleblower retaliation complaint with OSHA. He then filed suit in federal district court, naming his employer and the CEO as defendants. Rulings. The CEO moved to ... read more

Compliance Officers as Whistleblowers: Preventative Strategies, Possible Defenses

Courts ... False Claims Act. This article discusses steps a legal department can take to minimize these kinds of risks. The Law’s View of Compliance Officer as Whistleblower Several laws, including ... read more

Workplace secrecy agreements appear to violate federal whistleblower laws

The agreements also barred them from using any information for financial gain, a possible violation of federal whistleblower laws, which allow employees ... After the passage of Dodd-Frank and an ... read more

High court wrestles with protections for whistleblowers

The Supreme Court appeared reluctant Tuesday to give Dodd-Frank protections to whistleblowers who report stock and investment fraud to their employers but not the federal government. Under the ... read more

Few Avenues To Protection For Foreign FCPA Whistleblowers

However, the process for filing claims is restricted: When an employee wants to raise a retaliation claim ... federal court and have a six-year statute of limitations for doing so. In addition, ... read more

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