LAW 360 - Jardim Meisner & Susser PC joined this week’s pack when the firm convinced the Second Circuit to revive a workplace retaliation claim brought by former Neo@Ogilvy LLC Finance Director Daniel Berman, who was axed from the marketing firm after internally reporting suspected improprieties but before he blew the whistle to the U.S. [...]
RICHARD J.L. LOMUSCIO / NATIONAL LAW REVIEW - The U.S. Court of Appeals to the Second Circuit’s recent decision holding that Dodd-Frank’s “whistleblower” anti-retaliation protections apply to employees who are dismissed after reporting alleged violations internally but before alerting the Securities and Exchange Commission (the “Commission”) creates a Circuit spilt and sets up a potential [...]
DAVID SMYTH / NATIONAL LAW REVIEW - Once upon a time, Daniel Berman was the finance director of Neo@Ogilvy LLC, a subsidiary of the publicly-traded WPP Group USA, Inc. He did not find a handsome prince or princess there. According to the allegations of a complaint he later filed, Berman discovered various practices at Neo that amounted to [...]
MARK HAMBLETT / NEW YORK LAW JOURNAL – A divided Second Circuit panel has found that the whistleblower protection provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act extend to employees who file only internal complaints and do not report the alleged corporate wrongdoing to the Securities and Exchange Commission. […]
JACOB GERSHMAN / WALL STREET JOURNAL - A federal appeals court on Thursday ruled that corporate whistleblowers who report possible wrongdoing internally to their company before alerting securities regulators are protected by retaliation provisions of the 2010 Dodd-Frank financial reform law. The 2-1 ruling by the Second U.S. Circuit Court of Appeals reversed a lower court and marked [...]
JONATHAN STEMPEL / REUTERS - A divided U.S. appeals court on Thursday made it easier for some corporate whistleblowers to sue over alleged retaliation, raising the prospect that the U.S. Supreme Court may need to address the issue. By a 2-1 vote, the 2nd U.S. Circuit Court of Appeals in New York revived a lawsuit in [...]
CATHERINE FOTI / FORBES – In a much-anticipated opinion, a divided panel of the Second Circuit Court of Appeals held in Berman v. Neo@Ogilvy LLC, that whistleblowers who report wrongdoing internally, but not to the Securities and Exchange Commission (“SEC”), are protected by the anti-retaliation provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”). […]
Court Finds Dodd-Frank Protections for Whistleblowers Who Report Internally On September 10, 2015, a federal appeals court ruled Thursday that an ex-employee can seek Dodd-Frank retaliation remedies after reporting alleged wrongdoing internally before being terminated, rather than only in instances where the report is made to the Securities and Exchange Commission before termination.. The U.S. Court of [...]
NATIONAL LAW REVIEW - Today, the Second Circuit issued its highly anticipated decision in Berman v. Neo@Ogilvy, ruling (in a 2-1 decision) that Dodd-Frank’s whistleblower protection provision applies to internal complaints (i.e., complaints that are made by employees within the company and not to the SEC). This creates a circuit split; it is directly at [...]
By Christopher Billups (Summer Intern) and Rich Meisner On June 24, 2015, a law firm in Mountainside, New Jersey (Zucker, Goldberg & Ackerman LLC) announced that it will official close its doors on August 24, 2015, which will put approximately 300 employees out of work. The law firm filed a WARN notice with the New [...]