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Sarbanes-Oxley whistleblower provision covers employees who report fraudulent conduct or securities law violations by third parties

USA - February 28 2011 In a case of first impression, the United States District Court for the Southern District of New York held that the whistleblower provision of the Sarbanes-Oxley Act of 2002 ("Sarbanes-Oxley") protects employees who report fraudulent conduct or securities law violations by third parties from retaliation....


Employers should not count on the self-critical analysis privilege to protect internal documents from disclosure

USA - January 31 2011 In a significant decision, the United States District Court for the Middle District of Pennsylvania refused to apply the self-critical analysis privilege to documents that an employer created as part of a voluntary internal assessment intended to determine, among other things, whether its practices complied with the Fair Labor Standards Act, 29 U.S.C. 201, et seq. (the "FLSA")....