JMS in the News

/JMS in the News
JMS in the News 2017-01-02T17:00:44+00:00

Inadmissible

NEW JERSEY LAW JOURNAL - A New Jersey firm achieved a victory in federal court Sept. 10 in its representation of a whistleblower who will be allowed to seek Dodd-Frank retaliation remedies despite only having reported alleged wrongdoing internally, rather than to the U.S. Securities and Exchange Commission, before termination. Florham Park firm Jardim, Meisner & Susser represented Daniel Berman, [...]

Second Circuit to Supreme Court on Whistleblowers: Your Turn

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 statutory-interpretation showdown in the U.S. [...]

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

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 accounting fraud. He also alleged [...]

Dodd-Frank Whistleblower Ruling Sets Up Circuit Split

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

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 a victory for the U.S. [...]

Whistleblower Wins U.S. Appeals Court Victory; Split Created

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 which Daniel Berman, a former [...]

Second Circuit Rules Dodd-Frank Protects Whistleblowers Who Report Internally

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”). […]

Second Circuit: Dodd-Frank Protects Internal Whistleblowers

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 odds with the Fifth Circuit’s [...]

Ex-Patent Holder Can’t Appeal USPTO Ruling, Fed. Circ. Says

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.  […]