Searching Content indexed under Employment Litigation/ Tribunals by Mike Delikat ordered by Published Date Descending.
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SEC Bounty Hunters Take Heart: SEC Fines Company $265,000 For Using Severance Agreements That Provided A Waiver Of Any Monetary Recovery For Filing A Tip
Today, the SEC announced that an Atlanta-based company, BlueLinx Holdings, is settling charges that its severance agreements contained provisions that it in its view might impede employees from communication...
United States
17 Aug 2016
Securities Industry Employment Arbitration Paper
In the securities industry, the majority of all employment disputes are resolved through binding arbitration.
United States
2 Jun 2016
Where Have You Gone Dennis Kozlowski? Third Circuit Dismisses Tyco Employee's Whistleblower Claim Over Excessive Corporate Spending
On February 2, 2016, the Third Circuit affirmed the dismissal of a long-running SOX whistleblower suit filed by Jeffrey Wiest, a former accounts payable manager for Tyco Electronics.
United States
11 Feb 2016
Not So Final WARNing: Sixth Circuit Finds That Employment Ends With Termination Of Wages, Not Notice
In Morton v. Vanderbilt Univ., 2016 WL 52439 (6th Cir. Jan. 5, 2016), the Sixth Circuit recently held that, for purposes of the Worker Adjustment and Retraining Notification Act...
United States
21 Jan 2016
D.C. Circuit Confirms: Attorney-Client Privilege Applies To Internal Investigations Of Whistleblower Complaints Conducted At The Direction Of Counsel
The ability to preserve privilege for highly sensitive internal investigations conducted at the direction of attorneys is alive and well.
United States
20 Aug 2015
Whistle While You Work: SEC Announces First Retaliation Whistleblower Award
On June 16, 2014, the SEC issued its first-ever charge of whistleblower retaliation under section 922 of the Dodd-Frank Act, charging a hedge fund advisor and its owner with "engaging in prohibited principal transactions and then retaliating against the employee who reported the trading activity to the SEC."
United States
14 May 2015
$6 Million Verdict For SOX Whistleblower Leads To Malpractice Suit Against Defense Counsel
Playboy Enterprises is suing its former defense counsel Sheppard Mullin after being hit with a $6 million jury verdict in a SOX whistleblower case, the highest jury award in a SOX case to date.
United States
27 Apr 2015
No Good Deed Goes Unpunished: Document Preservation Notices Can Lead to SOX Violation!
On November 12, 2014, the Fifth Circuit affirmed a Department of Labor finding that Halliburton retaliated against a whistleblower by including his name in a document preservation notice. The court also held that emotional distress damages are available under SOX.
United States
23 Nov 2014
Second Circuit Rejects Definitively And Specifically Standard But Upholds Dismissal Of SOX Whistleblower Complaint In Nielsen v. AECOM
Last week, the Second Circuit upheld a district court’s dismissal of a plaintiff’s Sarbanes-Oxley ("SOX") whistleblower claim – but not before rejecting the "definitively and specifically" standard on which the district court’s decision relied.
United States
28 Aug 2014
Complaint About Foreign Tax Violations Sunk Under SOX
On February 12, 2014, the Fifth Circuit in Villanueva v. U.S. Department of Labor held that an employee did not engage in protected activity under SOX when he reported alleged violations of Columbian tax laws to U.S. executives at his employer.
United States
23 Feb 2014
Compelling Individual Arbitration Violates National Labor Relations Act? It Does According To ALJ
Joining the ever growing list of opinions on the arbitrability of class claims, an NLRB Administrative Law Judge recently ruled that an arbitration agreement that did not expressly bar workers from bringing class or collective actions still violated federal labor law.
United States
3 Feb 2014
Fifth Circuit Rejects Seminal NLRB Ruling That Class/Collective Action Waiver In Arbitration Agreement Violates The National Labor Relations Act
, the issue of class/collective action waivers in mandatory arbitration agreements has been a hot one. Including in its seminal D.R. Horton decision, the National Labor Relations Board (NLRB) has repeatedly taken the position that such waivers violate employees' rights under Section 7 of the National Labor Relations Act (NLRA).
United States
6 Dec 2013
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