Harris Mufson
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On September 28, 2015, the U.S. Department of Labor Administrative Review Board (“ARB”) held that the recording of workplace conversations can be protected whistleblower activity under the Energy Reorganization Act of 1974 (“ERA”). Franchini v. Argonne National Laboratory, ARB Case No. 13-081 (Sep. 28, 2015).… Continue Reading
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 … Continue Reading
In a recent interview with Law360 (subscription required), Chris Ehrman, the Director of the U.S. Commodity Futures Trading Commission’s Whistleblower Office, predicted that the number and size of the CFTC’s whistleblower awards will increase in the near future. Ehrman also said that the agency will conduct “straight marketing” to ensure that potential whistleblowers are aware … Continue Reading
Earlier today, the SEC announced that it would pay an unidentified compliance officer a whistleblower bounty award of between $1.4 and $1.6 million. This is the second award that the SEC has made to a whistleblower with internal audit or compliance responsibilities. According to the SEC, the recipient of the bounty award “had a reasonable … Continue Reading
The Second Circuit Court of Appeals recently deferred to the SEC’s determination that a tipster who provided information to the Commission before July 21, 2010, the effective date of the Dodd-Frank Act, is not eligible to receive a whistleblower bounty payment. Stryker v. SEC, Case No. 13-4404-ag (2d Cir. Mar. 11, 2015).… Continue Reading
Guest Post from Proskauer’s Whistleblower Defense Blog. Written By Steven J. Pearlman, Lloyd Chinn, Harris Mufson and Noa Baddish on November 12, 2014 The U.S. District Court for the Eastern District of Wisconsin in Verfuerth v. Orion Energy Systems, Inc., No. 14-cv-352 (E.D. Wis. Nov. 4, 2014) recently ruled that the Dodd-Frank whistleblower protection provision … Continue Reading
ARB Rules That Secret Recording of Workplace Conversations Can Be Protected Whistleblowing Activity
By Harris Mufson and Steven J. Pearlman on Posted in White Collar
Second Circuit: Dodd-Frank Protects Internal Whistleblowers
By Harris Mufson, Lloyd B. Chinn and Steven J. Pearlman on Posted in SEC Enforcement
CFTC Whistleblower Awards On The Horizon
By Harris Mufson and Noa Baddish on Posted in Securities Law, Securities Regulatory, White Collar
SEC Awards Compliance Officer Whistleblower Bounty of Approximately $1.5 Million
By Harris Mufson, Sigal Mandelker and Steven J. Pearlman on Posted in SEC Enforcement
SEC’s Limit on Retroactivity of Dodd-Frank Whistleblower Bounty Awards Is Reasonable, Second Circuit Holds
By Allison Martin, Harris Mufson and Steven J. Pearlman on Posted in SEC Enforcement, Securities Law
Court Follows 5th Circuit Asadi Decision, Dismisses Dodd-Frank Whistleblower Claim
By Harris Mufson, Lloyd B. Chinn, Noa Baddish and Steven J. Pearlman on Posted in Corporate Governance, Securities Litigation, White Collar
