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 [...]
By Tom Jardim Disgruntled employees often ask these kinds of questions: “Those awful things that he said about me in my annual review just aren’t true. Is that allowed?” “I was more qualified and better at my job than everyone else in my department, but I got fired. Is that legal?” “Yes, I signed that arbitration [...]
MICHAEL LIPKIN / LAW 360 – A Federal Circuit panel on Thursday quashed a challenge by a former patent holder to the U.S. Patent and Trademark Office’s rejection of a bloodless catheter patent, ruling he did not have standing to sue because he no longer owned the patent. […]
Whistle While You Work: NJ Supreme Court decides that employees whose job is to blow the whistle can sue as whistleblowers By Christopher Billups (Summer Intern) and Tom Jardim On July 15, the Supreme Court of New Jersey unanimously ruled that workers whose jobs are to monitor their employer’s compliance with standards and regulations are [...]