By Thomas F. Howley and Dov Kesselman

Seyfarth Synopsis: The DOL’s ARB rejected an employee’s SOX retaliation claim where he inadvertently provided information to his employer and only “hinted” that he was filing a SOX-protected complaint. The ARB seems unwilling to accept retaliation claims where the employee fails to report to, or actively conceals information from, the statutory entities under
Continue Reading ARB: No Protected Activity where Employee Inadvertently Informed Employer and Only “Hinted” at Filing Whistleblower Complaint

By Christopher Robertson, Gena Usenheimer and Needhy Shah

Last week, the Second Circuit heard oral arguments in Berman v. Neo@Ogilvy, a case that places squarely before the Court the question of who is a “whistleblower” within the meaning of the Dodd-Frank Act Wall Street Reform and Consumer Protection Act (“Dodd-Frank”).

As we have discussed in our previous posts,
Continue Reading Second Circuit Tackles “Whistleblower” Protection Under Dodd-Frank

By Christopher F. Robertson and Craig B. Simonsen

The Fourth Circuit Court of Appeals recently ruled that a Sarbanes-Oxley Act (SOX) claim initially timely filed with OSHA and then withdrawn falls within 28 U.S.C. § 1658(a), the “catch-all limitations period,” which provides a four year limitations period.  Jones v. SouthPeak Interactive Corp. of Del., No. 13-2399 (4th Cir., 1/26/15).
Continue Reading Four Years To Sue On SOX Claim Withdrawn From OSHA

By: Christopher F. Robertson

As we have reported previously, federal courts are currently split on the question of whether the anti-retaliation provisions of the federal Dodd-Frank Act (DFA) apply to employees who disclose their employer’s alleged securities violations to company officials but do not report the claimed violations to the Securities and Exchange Commission (SEC).  Just in May 2014,
Continue Reading Federal Court Split Continues Over Who Qualifies as a “Whistleblower” Under Dodd-Frank

By Christopher Robertson and Paul E. Freehling

The U.S. district courts are currently split on the question of whether the anti-retaliation provisions of the federal Dodd-Frank Act (“DFA”) apply to employees who disclose their employer’s alleged securities violations to company officials but do not report the claimed violations to the SEC.  Just in May 2014, for example, federal courts in
Continue Reading Federal Courts Divided On The Definition Of “Whistleblower” As That Word Is Used In The Dodd-Frank Act

By Linda Schoonmaker and Ada Dolph

On March 5, 2014, we issued a Client Alert that the Supreme Court had issued its decision in Lawson v. FMR LLC, 134 S.Ct. 1158 (2014), greatly expanding the scope of the whistleblower protections in the Sarbanes-Oxley Act of 2002 (“SOX”) to encompass any employee of private companies that contract to perform
Continue Reading Next Steps after the Supreme Court’s Expansion of SOX Whistleblower Protections to Private Companies That Contract to Perform Work with Public Companies

By Clark Smith

A One-Two Punch For Employers 

Last July, we alerted you to a Fifth Circuit decision that limited the whistleblower protections of the Dodd‑Frank Act of 2010. In that case, the court held that Dodd‑Frank protects whistleblowers only if they report a securities-law violation directly to the Securities Exchange Commission (“SEC”), as opposed to just making an internal complaint. This month, in Villanueva v. U.S. Department of Labor, the Fifth Circuit published a decision curtailing the reach of whistleblower protections under the Sarbanes-Oxley Act (“SOX”). Taken in tandem, these two decisions are welcome news for energy employers because they significantly restrict the reach of whistleblower protections, particularly for employees working outside the U.S., who may be disinclined to make complaints directly to the SEC or who may rely on alleged violations of foreign laws to make their case.

SOX protects employees of publicly-traded companies who engage in certain protected activities such as reporting violations of certain federal laws, such as mail and wire fraud.  SOX creates a private cause of action for employees who have been retaliated against for engaging in such protected activities. Last week, in Villanueva, the Fifth Circuit ruled that SOX’s whistleblower provision only protects reporting violations of U.S. federal law. 
Continue Reading Another Victory for Energy Employers: The Fifth Circuit Limits SOX Whistleblower Suits to Violations of U.S. Federal Law

By: Sara Eber

Following a term with many employment-related decisions—and with outcomes emphatically pro-employer—the United States Supreme Court will hear the first oral arguments of its 2013-2014 term, which are currently scheduled to begin on October 7, 2013. 

The docket will again feature several cases with significant implications for employers, including issues affecting the Employee Retirement Income Security Act, the
Continue Reading Continuing the Pro-Employer Trend? What to Watch In the Supreme Court’s 2013/2014 Term