Scott H. Tan

Dec 20, 2024 | jdsupra.com | Scott H. Tan

Following our annual tradition — which started over a decade ago — we are analyzing the year's 10 most significant whistleblower and retaliation events. As you'll see, in 2024, actions taken by a range of courts and government regulators changed the whistleblower landscape in a variety of ways that significantly affect employers and whistleblowers alike. 10. A Texas federal court granted an employer's summary judgment motion on a SOX whistleblower's counterclaim. On Aug.

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.

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.

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.

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.