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Entries from May 2011

Law360 Quotes TELG Attorney on DOL ARB Decision Clarifying Broad Scope of Protected Conduct for SOX Whistleblowers

May 31st, 2011 · No Comments

TweetLaw360 Quoted The Employment Law Group® principal attorney Jason Zuckerman on the DOL ARB’s decision in Sylvester v. Parexel International LLC, which held that the Twombly/Iqbal heightened pleading standards do not apply to SOX claims initiated with OSHA and that a complainant need only express a “reasonable belief” of a violation to engage in SOX-protected activity.   See the […]

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Tags: Sarbanes-Oxley · The Employment Law Group, P.C.

DOL ARB Clarifies Broad Scope of Protected Conduct for SOX Whistleblowers in Sylvester v. Parexel International LLC

May 27th, 2011 · No Comments

TweetThe DOL Administrative Review Board has issued a very significant en banc decision on the whistleblower provision of the Sarbanes-Oxley Act (SOX) that significantly strengthens the statute by clarifying the broad scope of protected conduct.  The ARB’s opinion in Sylvester v. Parexel International LLC, ARB No. 07-123, ALJ Nos. 2007-SOX-039, 042 (May 25, 2011) represents a substantial […]

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Tags: Dodd-Frank Act · Sarbanes-Oxley · The Employment Law Group, P.C. · Whistleblower Protection Act

SEC Adopts Favorable Rules for Whistleblowers

May 26th, 2011 · No Comments

TweetThe Securities and Exchange Commission is being praised by whistleblower advocates for issuing finalized rules that will effectively incentivize employees to disclose fraud and other securities law violations.  The Dodd-Frank Act – enacted in July of 2010 – established a new whistleblower program within the SEC, requiring the SEC to reward whistleblowers who provide original […]

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Tags: Dodd-Frank Act · SEC Whistleblower

SEC Issues Rules Favorable to Whistleblowers

May 26th, 2011 · No Comments

TweetThe Securities and Exchange Commission is receiving praise from whistleblower advocates for issuing finalized rules that do not require whistleblowers to report fraudulent or illegal activity internally to their employer, but instead allow whistleblowers to blow the whistle direct to the SEC. The Dodd-Frank Act established a new whistleblower program at the SEC, requiring the […]

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Tags: Dodd-Frank Act · SEC Whistleblower · The Employment Law Group, P.C. · Whistleblower Protection Act

TELG Quoted by Investment News About Proposal to Weaken SEC Whistleblower Reward Program

May 16th, 2011 · No Comments

TweetInvestment News reported that Rep. Michael Grimm, R-N.Y. circulated draft legislation that would require a whistleblower to first report fraud through an internal compliance program as a prerequisite to recovering an award before the whistleblower would be eligible for a reward from the SEC under the whistleblower reward provision of the Dodd-Frank Act.  TELG opposes […]

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Tags: Dodd-Frank Act · SEC Whistleblower · The Employment Law Group, P.C.

House Republicans Propose Weakening SEC Whistleblower Reward Program

May 16th, 2011 · No Comments

TweetInvestmentNews.com reported that Rep. Michael Grimm, R-N.Y., presented legislation that would require whistleblowers to first report fraud trough their employer’s internal compliance program before they would be eligible for a reward from the SEC under the Dodd-Frank Act. During a House Financial Services Subcommittee on Capital Markets hearing, the drafters related a concern that whistlblowers […]

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Tags: Dodd-Frank Act · SEC Whistleblower · The Employment Law Group, P.C.

SDNY Decision Broadly Construes Dodd-Frank Whistleblower Protection Provision

May 10th, 2011 · No Comments

TweetThe U.S. District Court for the Southern District of New York issued a good decision for whistleblowers providing much needed clarity on the scope of the anti-retaliation provision in Section 922(h), which prohibits retaliation for the following acts: (1) “providing information to the Commission in accordance with this section;” (ii) “initiating, testifying in, or assisting in any […]

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Tags: Dodd-Frank Act · SEC Whistleblower