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Oct 22, 2024 | 
lexology.com | Lloyd B Chinn |Steven J Pearlman |Scott H. Tan
On October 18, 2024, the Federal Trade Commission (“FTC”) gave notice that it would appeal a Texas federal court’s decision halting its non-compete rule (the “Rule”) from taking effect as to all employers nationwide. The appeal sets the stage for a decision by the conservative Fifth Circuit, which has become a key battleground for challenges to federal rules. In August, in Ryan LLC v.
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Oct 10, 2024 | 
mondaq.com | Lloyd B Chinn |Pinchos Goldberg |Scott H. Tan
The Ninth Circuit's recent decision in Parker v. BNSF Railway Company, 112
F.4th 687 (9th Cir. 2024) underscores the burden faced by employers
in defending against whistleblower retaliation claims assessed
under the burden-shifting framework of the Federal Railroad Safety
Act ("FRSA"), which provides that an employee may not be
retaliated against "in whole or in part" due to their
protected activity.
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Oct 8, 2024 | 
jdsupra.com | Lloyd B Chinn |Pinchos Goldberg |Scott H. Tan
The Ninth Circuit’s recent decision in Parker v. BNSF Railway Company, 112 F.4th 687 (9th Cir. 2024) underscores the burden faced by employers in defending against whistleblower retaliation claims assessed under the burden-shifting framework of the Federal Railroad Safety Act (“FRSA”), which provides that an employee may not be retaliated against “in whole or in part” due to their protected activity.
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Sep 11, 2024 | 
jdsupra.com | Lloyd B Chinn |Pinchos Goldberg
On August 6, 2024, the U.S. District Court for the Northern District of Texas granted an employer’s motion for summary judgment on a SOX whistleblower retaliation counterclaim, holding that the former employee failed to establish any of the elements of the claim and that the company would have taken the same personnel actions regardless of whether he engaged in protected activity. Architectural Granite & Marble, LLC v. Pental, No. 20-cv-295-L.
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Sep 10, 2024 | 
lexology.com | Lloyd B Chinn |Pinchos Goldberg
On August 6, 2024, the U.S. District Court for the Northern District of Texas granted an employer’s motion for summary judgment on a SOX whistleblower retaliation counterclaim, holding that the former employee failed to establish any of the elements of the claim and that the company would have taken the same personnel actions regardless of whether he engaged in protected activity. Architectural Granite & Marble, LLC v. Pental, No. 20-cv-295-L.
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Aug 28, 2024 | 
mondaq.com | Lloyd B Chinn |Pinchos Goldberg
On August 23, 2024, the SEC announced payment of more than $98 million in
total to two whistleblowers who provided the SEC with information
and assistance that led to successful enforcement actions by the
SEC and another agency (the order granting the award can be
accessed here). The first whistleblower, whose tip
prompted the opening of the investigation, was awarded $82 million.
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Aug 26, 2024 | 
jdsupra.com | Lloyd B Chinn |Pinchos Goldberg
On August 23, 2024, the SEC announced payment of more than $98 million in total to two whistleblowers who provided the SEC with information and assistance that led to successful enforcement actions by the SEC and another agency (the order granting the award can be accessed here). The first whistleblower, whose tip prompted the opening of the investigation, was awarded $82 million.
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Aug 21, 2024 | 
jdsupra.com | Allan Bloom |Lloyd B Chinn |Evandro C Gigante
On August 20, 2024, in Ryan LLC v. Federal Trade Commission, No. 3:24-cv-00986-E (N.D. Tex.), the United States District Court for the Northern District of Texas granted summary judgment to the plaintiffs and ordered the Federal Trade Commission’s (“FTC”) non-compete rule (the “Rule”) to be set aside with respect to all employers nationally and that it shall not be enforced or take effect on September 4, 2024. The FTC may immediately appeal the court’s decision to the Fifth Circuit.
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Aug 21, 2024 | 
mondaq.com | Allan Bloom |Lloyd B Chinn |Evandro C Gigante |Steven D Hurd
On August 20, 2024, in Ryan LLC v. Federal Trade
Commission, No. 3:24-cv-00986-E (N.D. Tex.), the United States
District Court for the Northern District of Texas granted summary
judgment to the plaintiffs and ordered the Federal Trade
Commission's ("FTC") non-compete rule (the
"Rule") to be set aside with respect to all employers
nationally and that it shall not be enforced or take effect on
September 4, 2024. The FTC may immediately appeal the court's
decision to the Fifth Circuit.
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Aug 21, 2024 | mondaq.com | Allan Bloom |Lloyd B Chinn |Evandro C Gigante |Steven D Hurd
On August 20, 2024, in Ryan LLC v. Federal Trade
Commission, No. 3:24-cv-00986-E (N.D. Tex.), the United States
District Court for the Northern District of Texas granted summary
judgment to the plaintiffs and ordered the Federal Trade
Commission's ("FTC") non-compete rule (the
"Rule") to be set aside with respect to all employers
nationally and that it shall not be enforced or take effect on
September 4, 2024. The FTC may immediately appeal the court's
decision to the Fifth Circuit.
