Retaliation and whistleblower claims by in-house counsel *

USA - March 29 2013
With recent legislative efforts to expand whistleblower rights and protections, many employers have found themselves confronting an increase in the…

Co-authors: Allan G. King, Gregory Keating, Earl (Chip) M. Jones III, Linda M. Jackson , Patricia J. Martin .

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Third Circuit adopts new broader standard for defining protected activity for whistleblowers *

USA - March 25 2013
The roller coaster continues for how to define protected activity under the Sarbanes Oxley Act (SOX). In a recent decision that signifies a major…

Co-authors: Gregory Keating, Jill M. Weimer .

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No longer black and white, is the "definitively and specifically" standard now grey? *

USA - February 1 2013
While the Department of Labor's Administrative Review Board (ARB) and the majority of federal courts once agreed that, in order to engage in…

Co-authors: Jill M. Weimer .

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The EEOC misses the mark with new rule on the ADEA's reasonable factors other than age defense *

USA - April 4 2012
The Age Discrimination in Employment Act of 1967 (ADEA) prohibits discrimination on the basis of age and covers employees who are 40 years of age and older.

Co-authors: Amy Ryder Wentz .

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New SOX decision by the U.S. Department of Labor's ARB expands whistleblower protection yet again, including protection for theft from employer's computer system *

USA - October 26 2011
In the case of an employee who admitted to stealing personal identifying information of coworkers and confidential business documents from the company computer system, the Department of Labor's Administrative Review Board (ARB) held recently that: (1) theft of confidential personal and corporate information may be protected activity, depending on the circumstances surrounding the theft; (2) the Sarbanes-Oxley Act's ("SOX") anti-retaliation provision protects employees who make disclosures to the Internal Revenue Service (IRS) under the IRS Whistleblower Rewards Program; and (3) an employee need not allege shareholder fraud for SOX protection to apply.

Co-authors: Jill M. Albrecht ..

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