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September 2015

Second Circuit to Supreme Court on Whistleblowers: Your Turn

2017-01-02T17:00:48+00:00September 14th, 2015|JMS in the News|

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 [...]

Second Circuit Expands Scope of Dodd-Frank Anti-Retaliation Provisions, Sets up Chance for Supreme Court Review

2017-01-02T17:00:49+00:00September 14th, 2015|JMS in the News|

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 [...]

Dodd-Frank Whistleblower Ruling Sets Up Circuit Split

2017-01-02T17:00:49+00:00September 14th, 2015|JMS in the News|

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. […]

Appeals Court: Whistleblowers Don’t Have to Call the SEC

2017-01-02T17:00:49+00:00September 13th, 2015|JMS in the News|

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 [...]

Second Circuit Rules Dodd-Frank Protects Whistleblowers Who Report Internally

2017-01-02T17:00:50+00:00September 13th, 2015|JMS in the News|

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”). […]

JARDIM, MEISNER & SUSSER, P.C. SETS PRECEDENT IN EMPLOYMENT LAW

2015-09-11T11:28:59+00:00September 11th, 2015|News|

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 [...]

Second Circuit: Dodd-Frank Protects Internal Whistleblowers

2017-01-02T17:00:50+00:00September 10th, 2015|JMS in the News|

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 [...]

August 2015

A Warning about the WARN Act

2017-01-02T17:00:50+00:00August 18th, 2015|Employment Law, JMS Employment Guidance|

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 [...]

Appellate Court Re-affirms Employer-employee Arbitration Agreements

2017-01-02T17:00:50+00:00August 18th, 2015|Employment Law, JMS Employment Guidance|

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 [...]