Steven J. Pearlman
Partner
Steven J. Pearlman is a partner in the Labor & Employment Law Department and co-head of the firm's Whistleblowing & Retaliation Group. Steven’s practice focuses on defending complex employment litigation involving claims of discrimination, harassment and retaliation; wage-and-hour laws; breach of employment contract; and restrictive covenants (e.g., non-competition agreements). Steven is also at the forefront of defending whistleblower retaliation claims, and routinely conducts investigations arising from whistleblower reports. He has successfully tried cases to verdict in Illinois, Florida and California, and defended what is reported to be the largest Illinois-only class action in the history of the U.S. District Court for the Northern District of Illinois. He has also testified in defense of his investigations in federal court.
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On February 5, 2018, U.S. District Court for the Southern District of New York granted Defendant Khan Funds Management America, Inc.’s Rule 12(b)(6) motion to dismiss a whistleblower retaliation claim under Dodd-Frank on the grounds that Plaintiff failed to state a claim upon which relief could be granted. Read the full post on Proskauer’s Whistleblower Defense blog.… Continue Reading
A jury verdict awarding more than $3 million to Plaintiff James Crowley (Plaintiff) on his whistleblower retaliation claim under the Illinois State Official and Employee Ethics Act (Ethics Act) (5 ILCS § 430/15-5, et seq.) Crowley v. Watson, No. 1-14-2847 (Mar. 2, 2016) was upheld by an Illinois Appellate court on March 2, 2016. To read our … Continue Reading
The introduction of the Whistleblower Augmented Reward and Non-Retaliation Act of 2016 aims to strengthen whistleblower protections under both SOX and Dodd-Frank, increase bounty awards available, and create whistleblower protections for a new category of employees. To read more, click here… Continue Reading
In 2015, we saw high-profile whistleblower litigation around the country under a variety of statutes (such as SOX and Dodd-Frank) that yielded decisions expanding the scope of protected activity and even limiting defenses to causation. We also saw significant activity from the U.S. Securities and Exchange Commission’s Office of the Whistleblower that caused employers to revisit … Continue Reading
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
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
On March 2, 2015, the SEC announced an expected award of $475,000 to $575,000 to a former company officer “who reported original, high-quality information about a securities fraud that resulted in an SEC enforcement action with sanctions exceeding $1 million.” The officer reported information to the SEC more than 120 days after other responsible compliance personnel … 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
Guest Post from Proskauer’s Whistleblower Defense Blog Written By Steven J. Pearlman and Rachel Fischer on November 5, 2014 According to an academic study published on October 6, 2014 by Andrew C. Hall, Gerald S. Martin, Nathan Y. Sharp, and Jaron H. Wilde, the presence of whistleblowers may have a meaningful impact on the outcomes of … Continue Reading
S.D.N.Y Dismisses Dodd-Frank Whistleblower Action
By Steven J. Pearlman on Posted in Securities Law, Whistleblower
Whistleblower’s Multi-Million Dollar Award Affirmed by Illinois Appellate Court
By Edward Young and Steven J. Pearlman on Posted in State-Specific Whistleblower Claims
Proposed Whistleblower Legislation Targets Employee Confidentiality Agreements
By Edward Young and Steven J. Pearlman on Posted in SEC Enforcement
Top 10 Whistleblowing And Retaliation Events Of 2015
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
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
First SEC Whistleblower Award To Former Company Officer
By Noa Baddish and Steven J. Pearlman on Posted in SEC Enforcement, Securities Litigation, White Collar
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
Study: Does The Existence Of Whistleblowers In Enforcement Actions Mean Greater Penalties?
By Rachel Fischer and Steven J. Pearlman on Posted in SEC Enforcement, White Collar
