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Entries Tagged as '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. · The Employment Law Group, PC

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 · The Employment Law Group, PC

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.

Banker & Tradesmen Quotes TELG Attorney on SOX Ruling in Pezza

April 12th, 2011 · No Comments

TweetLaura Schreier wrote an article in Banker & Tradesmen titled Dodd-Frank Weighs Heavily on Mass. Whistleblower Case in which she discusses the recent U.S. District Court ruling in Pezza v. Investors Capital Corp. that Section 922(e) of the Dodd-Frank Act applies to pending cases.  Section 922(e) bans pre-dispute agreements in employment contracts that require Sarbanes-Oxley whistleblowers [...]

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

The Employment Law Group® Attorney Quoted in Law360 Article on DOL ARB Decision Broadening the Scope of Coverage under SOX

April 7th, 2011 · No Comments

TweetThe Employment Law Group® attorney Jason Zuckerman was quoted in a Law360 article titled DOL Board Clarifies Scope of Whistleblower Protection regarding the DOL Administrative Review Board’s recent decision in Johnson v. Siemens Building Technologies, Inc.: Jason Zuckerman, a principal at The Employment Law Group®, who filed an amicus brief on behalf of whistleblower advocacy groups, said [...]

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Tags: Dodd-Frank Act · Sarbanes-Oxley

DOL ARB Holds Sarbanes-Oxley Covers Claims by Employees of Subsidiaries of Publicly-traded Companies

April 1st, 2011 · No Comments

TweetAgreeing with arguments posed by The Employment Law Group® attorneys, the DOL Administrative Review Board (ARB) held that an amendment to the Sarbanes-Oxley Act (SOX) in Section 929A of the Dodd-Frank Act, which provides that Section 806 applies to employees of subsidiaries of publicly-traded companies, was a clarification of existing law and therefore “is not [...]

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

Federal Court Rules SOX Whistleblower Amendment’s Ban on Predispute Arbitration Agreements Retroactive

March 24th, 2011 · No Comments

Tweet In Pezza v. Investors Capital Corp., Judge Douglas P. Woodlock of the United States District Court for the District of Massachusetts ruled that Section 922(e) of the Dodd-Frank Act, which bans predispute arbitration agreements regarding the Sarbanes-Oxley Act (SOX) whistleblower protection, is retroactive.  The statutory language is as follows: (e)NONENFORCEABILITY OF CERTAIN PROVISIONS WAIVING [...]

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Tags: Dodd-Frank Act · Sarbanes-Oxley

The Employment Law Group® Prevails in Establishing the Broad Scope of Sarbanes-Oxley Protected Conduct

March 14th, 2011 · No Comments

TweetIn Feldman v. Law Enforcement Associates Corp., Judge W. Earl Britt of the U.S. District Court for the Eastern District of North Carolina ruled that plaintiffs Paul Feldman and Martin Perry successfully stated a Sarbanes-Oxley whistleblower claim and could proceed to trial; defendants Law Enforcement Associates Corp. (LEA), John Carrington, et al., had failed to [...]

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Tags: Sarbanes-Oxley