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Nov 21, 2024 | 
mondaq.com | Pinchos Goldberg |Steven J Pearlman
On October 15, 2024, the U.S. Court of Appeals for Third Circuit
declined to enforce a preliminary reinstatement order issued by
OSHA in favor of two purported whistleblowers under SOX, holding
that the former employees lost Article III standing after they
abandoned the administrative process to instead challenge their
terminations though a separate civil action in federal court. Gulden v. Exxon Mobil Corp.,
No. 23-1859.
This case relates to OSHA's October 2022 order requiring ExxonMobil Corp.
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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 12, 2024 | 
jdsupra.com | Pinchos Goldberg |Steven J Pearlman
The SEC recently announced the settlement of multiple enforcement actions for violations of its whistleblower protection rule, which prohibits “any action to impede an individual from communicating directly with the Commission staff about a possible securities law violation.” SEC Rule 21F-17(a). These settlements resulted in the targeted companies paying fines exceeding $3 million in the aggregate.
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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 20, 2024 | 
lexology.com | Allan Bloom |Lloyd B Chinn |Evandro C Gigante |Steven D Hurd |Steven J Pearlman |Pinchos Goldberg | +1 more
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 20, 2024 | lexology.com | Allan Bloom |Lloyd B Chinn |Evandro C Gigante |Steven D Hurd |Steven J Pearlman |Pinchos Goldberg | +1 more
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.
