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Federal court decisions permit two Dodd-Frank whistleblower cases to proceed

Orrick Herrington & Sutcliffe LLP
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USA
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October 11 2012

Two federal district courts recently issued decisions adopting a broad interpretation of the anti-retaliation provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) and allowed Dodd-Frank whistleblower claims to proceed past motions to dismiss

Employer response to workplace harassmentwhat is enough?

Orrick Herrington & Sutcliffe LLP
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USA
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September 11 2012

Last month the Seventh Circuit Court of Appeals reinstated a $3.5 million punitive damages award against an employer for failure to “stiffen its efforts” to respond to an employee’s harassment complaints

SEC pays first ever Dodd-Frank whistleblower bounty award

Orrick Herrington & Sutcliffe LLP
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USA
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August 22 2012

On August 21, 2012, the Securities and Exchange Commission (SEC) announced that it has awarded its first whistleblower bounty, just over one year after the SEC’s Dodd-Frank whistleblower rules became effective

Dodd-Frank anti-retaliation provision does not apply extraterritorially

Orrick Herrington & Sutcliffe LLP
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USA
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July 18 2012

On June 28, 2012, a Texas District Court held that the Dodd-Frank's anti-retaliation provision per se does not apply extraterritorially

Dodd-Frank amendment applies retroactively, “clarifies” SOX Section 806

Orrick Herrington & Sutcliffe LLP
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USA
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July 18 2012

On July 9, 2012, a Southern District of New York court held that the Dodd-Frank Act applies retroactively to protect whistleblowers employed by subsidiaries of publicly-traded companies

New OSHA whistleblower protection program web site

Orrick Herrington & Sutcliffe LLP
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USA
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June 19 2012

There is a new OSHA Whistleblower Protection Program Web site

ARB holds private firm accountants are covered by SOX

Orrick Herrington & Sutcliffe LLP
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USA
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June 19 2012

In Spinner v. David Landau and Associates, LLC, the Department of Labor’s Administrative Review Board (“ARB”) held that an accountant for a private firm was a covered employee under SOX where the firm performed services for publicly traded clients

CA court holds employment arbitration agreement waiving class and representative actions enforceable

Orrick Herrington & Sutcliffe LLP
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USA
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June 18 2012

In Iskanian v. CLS Transportation Los Angeles, LLC, (Cal. Ct. App. June 4, 2012), the California Court of Appeal for the Second Appellate District affirmed a decision to compel individual arbitration of wage-and-hour claims pursuant to an employment agreement that contained class and representative action waivers, holding that the U.S. Supreme Court’s decision in AT&T Mobility LLC v. Concepcion was controlling

First report of SEC's whistleblower office contains some surprises

Orrick Herrington & Sutcliffe LLP
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USA
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November 28 2011

On November 16, 2011, the SEC's Office of the Whistleblower released its first annual report to Congress, as required by section 924(d) of the Dodd-Frank Act

SEC's Office of the Whistleblower begins processing tips: what companies should do now

Orrick Herrington & Sutcliffe LLP
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USA
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September 20 2011

Sean McKessy, Chief of the SEC's Office of the Whistleblower, and Mark Cahn, General Counsel for the SEC, recently outlined the Office of the Whistleblower's activities and priorities in public remarks

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