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Entries Tagged as 'Sarbanes-Oxley'

Supreme Court Takes a SOX Case—But What’s Its Agenda?

May 23rd, 2013 · No Comments

TweetThe U.S. Supreme Court has agreed to hear its first retaliation case brought under the whistleblower provisions of the Sarbanes-Oxley Act (SOX). The Court put Lawson v. FMR LLC on its docket for the term that begins in October 2013.

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Tags: Department of Labor ARB · Sarbanes-Oxley · United States Department of Labor · Whistleblower Protection

Court Won’t Review Wiest; “Reasonable Belief” Is Law in Third Circuit

May 7th, 2013 · No Comments

TweetThe U.S. Court of Appeals for the Third Circuit won’t grant an en banc review of an earlier panel decision that made it easier for whistleblowers to claim protection under the Sarbanes-Oxley Act (SOX). As a result, SOX whistleblowers in that jurisdiction — which includes Pennsylvania and Delaware — now are shielded from retaliation as [...]

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Tags: Retaliation · Sarbanes-Oxley · United States Department of Labor · Whistleblower Protection

Menendez Redux: Halliburton Whistleblower Finally Gets Retaliation Award

April 15th, 2013 · No Comments

TweetThe U.S. Department of Labor’s Administrative Review Board (ARB) revisited a long-running case, once again ruling against Halliburton, the oilfield services giant, for retaliating against a whistleblower who reported accounting irregularities to the U.S. Securities and Exchange Commission (SEC). The ARB awarded financial executive Anthony Menendez $30,000 in damages, plus costs and lawyers’ fees.

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Tags: Department of Labor ARB · Sarbanes-Oxley · SEC Whistleblower

Third Circuit Supports Broader Access to Whistleblower Protection in Sarbanes-Oxley Cases

March 20th, 2013 · No Comments

TweetA federal appeals court made it easier for whistleblowers to claim protection under the Sarbanes-Oxley Act (SOX), adding dramatic weight to the U.S. Department of Labor’s landmark ruling that such employees can be protected even if they fail to cite the exact rules their employer may have broken. Instead, workers may simply show that they [...]

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Tags: Retaliation · Sarbanes-Oxley · United States Department of Labor · Whistleblower Protection

Department of Labor Orders Ohio Company to Reinstate and Pay Whistleblower $270,000

September 21st, 2012 · No Comments

TweetDana Holdings Corp., an Ohio based company that supplies driveline, sealing and thermal management technologies for passenger, commercial and off-highway vehicles, has been ordered by the U.S. Department of Labor to reinstate a financial analyst and pay him $274,922.47 in compensatory damages in order to settle a whistleblower lawsuit filed under the Sarbanes-Oxley Act of [...]

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Tags: Sarbanes-Oxley

Law360 Quotes R. Scott Oswald, Managing Principal of The Employment Law Group® on Recent Pro-Whistleblower Decision from the Department of Labor’s Administrative Review Board (ARB)

May 8th, 2012 · No Comments

TweetR. Scott Oswald, managing principal of The Employment Law Group® law firm was recently interviewed by Law360 on a recent Department of Labor Administrative Review Board (ARB) decision establishing a lighter burden of proof for whistleblowers under the Sarbanes-Oxley Act (SOX). The decision, Zinn v. American Commercial Lines Inc., ARB No. 10-029, ALJ No. 2009-SOX-25 [...]

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

Sarbanes-Oxley Compliance Journal Publishes Article by The Employment Law Group® Managing Principal, R. Scott Oswald

April 30th, 2012 · No Comments

TweetAccording to The Employment Law Group® law firm’s managing principal, R. Scott Oswald, “2011 marked a sea change for whistleblowers at the Department of Labor’s Administrative Review Board (ARB).”  The Sarbanes-Oxley Compliance Journal recently published an article by Mr. Oswald which discusses the impact of recent ARB decisions on whistleblower protection and describes why “2011 was [...]

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Tags: Department of Labor ARB · Dodd-Frank Act · Sarbanes-Oxley · The Employment Law Group, P.C.

Managing Principal of The Employment Law Group®, R. Scott Oswald, Discusses the Importance of “Robust and Responsive Internal Compliance Programs” with Workforce Management Magazine

April 11th, 2012 · No Comments

TweetR. Scott Oswald, managing principal of The Employment Law Group®, was recently interviewed and quoted by Workforce Management Magazine on the subject of expanded whistleblower protection under the Dodd-Frank Wall Street Reform and Consumer Protection Act. In 2010, Dodd-Frank amended the Sarbanes-Oxley Act (SOX) and expanded whistleblower protections to include “nationally recognized statistical rating organizations” [...]

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

R. Scott Oswald, Managing Principal of The Employment Law Group®, Publishes Article in The Washington Post on Recent Expansions of Employee Rights

April 11th, 2012 · No Comments

TweetR. Scott Oswald, managing principal of The Employment Law Group® recently published an article in The Washington Post discussing new expansions of employee rights in the areas of whistleblower protection and wage and hour law. In the piece, Mr. Oswald discussed recent developments in employee protection law that, if ignored, could result in penalties and [...]

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Tags: Dodd-Frank Act · False Claims Act · Sarbanes-Oxley · SEC Whistleblower

Department of Labor Administrative Review Board Decision Limits Sarbanes-Oxley Retaliation Protections for Foreign Whistleblowers

February 7th, 2012 · No Comments

TweetOn December 22, 2011, the Department of Labor’s Administrative Review Board (ARB) issued a 3-2 en banc decision that limits the application of the Sarbanes-Oxley Act (SOX) outside of the United States. The case, Villanueva v. Core Laboratories, ARB No. 09-108, ALJ No. 2009-SOX-006 (ARB December 22, 2011), centered around a whistleblower complaint filed by [...]

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Tags: Department of Labor ARB · Dodd-Frank Act · Sarbanes-Oxley · The Employment Law Group, P.C.

Capital Insider interviews Attorney Adam Augustine Carter about What Employees Should Know for 2012

January 10th, 2012 · No Comments

Tweet Morris Jones of Capital Insider interviewed The Employment Law Group® law firm attorney Adam Augustine Carter on the recent changes in whistleblower and employment law that will affect employees in 2012. The points Mr. Carter makes are that: There are almost 2 million home health aides and in-home care providers working in our country. Now with [...]

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

7th Circuit Reinstates RICO Whistleblower Lawsuit, Applies Broad Relationship Standard

December 30th, 2011 · No Comments

Tweet The United States Court of Appeals for the Seventh Circuit reversed a lower court decision dismissing whistleblower Michael DeGuelle’s lawsuit against his former employer, S.C. Johnson & Son, Inc. (SCJ) and members of management.  The Court recounted the facts alleged by DeGuelle that gave rise to the lawsuit: [While working in SCJ’s tax department,]DeGuelle [...]

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Tags: Sarbanes-Oxley

U.S. DOL ARB Ends Landmark Year Holding Summary Decision Improper Unless Employer Proves Sarbanes-Oxley Act Does Not Apply

December 30th, 2011 · No Comments

Tweet On December 16, 2011, the United States Department of Labor’s Administrative Review Board issued important decision for whistleblowers and their advocates to end a year of landmark Sarbanes-Oxley Act of 2002 (SOX) decisions by the ARB, including: Vannoy v. Celanese, ARB No. 09-118, ALJ No. 2008-SOX-064 (ARB September 28, 2011) (holding that whistleblower disclosures [...]

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Tags: OSHA Whistleblower Protection Program · Sarbanes-Oxley

TELG Principal Quoted in Law360 Regarding New Sarbanes-Oxley Whistleblower Regulations

November 10th, 2011 · No Comments

TweetThe Employment Law Group® law firm principal attorney Nick Woodfield was quoted in a Law360 article regarding the Occupational Health and Safety Administration’s (OSHA) recently published interim final rules.  These rules implement the changes made to the whistleblower provisions of the Sarbanes-Oxley Act (SOX) as mandated in last year’s Dodd-Frank Wall Street Reform and Consumer [...]

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Tags: Sarbanes-Oxley

OSHA Releases New Sarbanes-Oxley Whistleblower Rules

November 10th, 2011 · No Comments

TweetOn November 3, 2011, the Occupational Safety and Health Administration (OSHA) published interim final rules that modify regulations pertaining to whistleblower complaints filed under the Sarbanes-Oxley Act of 2002 (SOX). The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 contained amendments that strengthen SOX whistleblower provisions.  The recently released interim rules aim to [...]

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Tags: Sarbanes-Oxley

Attorney R. Scott Oswald Quoted in Law360 Regarding Sarbanes-Oxley Decison

October 24th, 2011 · No Comments

TweetR. Scott Oswald, Managing Principal of The Employment Law Group® law firm, discusses in the Law360 article titled Revival of SOX Case Stokes Confidentiality Concerns, which outlines the U.S. Department of Labor Administrative Review Board’s blockbuster holding in Vannoy v. Celanese Corp.  Whistleblower Matthew Vannoy noticed potential weaknesses in his employer’s credit card reimbursement program and reported those weaknesses internally and to the IRS.  Some of [...]

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Tags: IRS Whistleblower Reward Program · Sarbanes-Oxley

TELG Attorney Scott Oswald Discusses Landmark SOX Whistleblower Decision for LawyersUSA

October 20th, 2011 · No Comments

Tweet The Employment Law Group® attorney R. Scott Oswald discusses the landmark Menendez decision with LawyersUSA in an article titled SOX whistleblower decision creates employer problems.  The Department of Labor Administrative Review Board (ARB) ruled that a failure of management to maintain the confidentiality of a whistleblower is a violation of the anti-retaliation provision of the Sarbanes-Oxley Act (SOX).  Mr. Oswald outlines the positive consequences [...]

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Tags: Sarbanes-Oxley

DOL ARB Rules that Whistleblowers May Disclose Confidential Employer Information Evidencing Wrongdoing

October 10th, 2011 · No Comments

TweetIn Vannoy v. Celanese Corp., the Department of Labor Administrative Review Board (ARB) reversed the Administrative Law Judge’s decision, affirming that whistleblowers are protected when disclosing to the government confidential employer information evidencing wrongdoing. Whistleblower Matthew Vannoy filed a complaint with the Department of Labor on January 25, 2008, alleging his employer, Celanese Corporation, violated [...]

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Tags: IRS Whistleblower Reward Program · Sarbanes-Oxley

Menendez v. Halliburton Affirms Broad Protection for Sarbanes-Oxley Whistleblowers

September 28th, 2011 · No Comments

Tweet On September 13, 2011, the Department of Labor Administrative Review Board (ARB) issued an opinion in Menendez v. Halliburton, Inc., another opinion in a long line of opinions this year and last year that affirm broad protections for Sarbanes-Oxley Act (SOX) whistleblowers.   The ARB reversed the decision of the Administrative Law Judge, finding that the [...]

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Tags: Sarbanes-Oxley

Bank of America Ordered to Pay $930,000 to Whistleblower for Violating SOX

September 22nd, 2011 · No Comments

TweetThe U.S. Department of Labor ordered Bank of America (BoA)  to reinstate and pay $930,000 to a former employee who BoA is accused of unlawfully retaliating against. The unidentified employee worked for Countrywide Financial Corp. before it merged with Bank of America in 2008. After conducting an internal investigation, the former employee found “widespread and [...]

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Tags: Sarbanes-Oxley

NWC, NELA, and The Employment Law Group® Submit Brief in Support of SOX Whistleblowers Abroad

August 31st, 2011 · No Comments

TweetThe National Whistleblower Center, National Employment Lawyers Association, and The Employment Law Group® law firm filed an amicus brief in Villanueva v. Core Laboratories NV, a case before the Department of Labor Administrative Review Board (ARB).  Our amicus brief argues that whistleblowers at overseas subsidiaries remain protected under the Sarbanes-Oxley Act (SOX) when the protected activity includes emails to the U.S., [...]

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Tags: Retaliation · Sarbanes-Oxley

TELG Principal Quoted in Law360 on Landmark ARB Decision for SOX Whistleblowers

June 16th, 2011 · No Comments

TweetLaw360 quoted The Employment Law Group® Principal Jason Zuckerman in an article regarding the U.S. Department of Labor’s Administrative Review Board’s en banc decision in Sylvester v. Parexel International on May 25, which clarified the broad scope of protected conduct for Sarbanes-Oxley Act (SOX) whistleblowers.  Jason Zuckerman, a principal at The Employment Law Group, which [...]

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

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

Law360 Quotes TELG Attorney on Ruling Expanding Scope of SOX-Protected Conduct

April 21st, 2011 · No Comments

TweetBen James wrote an article titled DOL Broadly Reads Protected Activity in SOX Case in which he discusses the Brown v. Lockheed Martin Corp. ruling by the DOL where the Administrative Review Board found that Lockheed Martin Corp. violated the Sarbanes-Oxley Act (SOX). Andrea Brown, Lockheed employee had complained to management that the vice president [...]

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