News & Analysis as of

Burden of Proof Whistleblower Protection Policies

Lathrop GPM

Lower Burden of Proof for Whistleblowers Established in Landmark Supreme Court Case

Lathrop GPM on

Recently, the Supreme Court of the United States issued a decision in Murray v. UBS Securities, LLC holding that whistleblowers are not required to prove their employer acted with “retaliatory intent” to be protected under...more

Sheppard Mullin Richter & Hampton LLP

United States Supreme Court Endorses Low Burden of Proof for Whistleblowers

In Murray v. UBS Securities, LLC, 601 U. S. ____, 2024 WL 478566 (2024), the United States Supreme Court (Sotomayor, J.) held that whistleblowers do not need to prove their employer acted with “retaliatory intent” to be...more

Jones Day

Supreme Court Holds Proof of Retaliatory Intent Not Required for Sarbanes-Oxley Whistleblower Claims

Jones Day on

The Background: In August 2022, the United States Court of Appeals for the Second Circuit held in Murray v. UBS Securities, LLC., et al. ("Murray") that an employee suing his employer under the anti-retaliation provisions of...more

Sheppard Mullin Richter & Hampton LLP

U.S. Supreme Court Endorses Low Burden of Proof for Whistleblowers

In a landmark unanimous ruling late last week, Murray v. UBS Securities, LLC, et al. 601 U. S. ____ (2024), the U.S. Supreme Court held that whistleblowers do not need to prove their employer acted with “retaliatory intent”...more

K&L Gates LLP

Addressing Whistleblower Claims Under Sarbanes-Oxley and Beyond: US Supreme Court Hears Argument on Burden of Proof Requirements

K&L Gates LLP on

The United States Supreme Court recently heard oral argument in a case arising under the whistleblower provisions of the Sarbanes-Oxley Act of 2002 (SOX), presenting the question of who must prove intent in a whistleblower...more

Kohn, Kohn & Colapinto LLP

Interpreting “Contributing Factor”: The Role of Retaliatory Intent in Upcoming Supreme Court Whistleblower Case

In the upcoming Supreme Court term, a pivotal employment case is on the docket: Murray v. UBS Securities, LLC. This case will dissect and evaluate a key element of the Sarbanes-Oxley Act (SOX), specifically regarding...more

McDermott Will & Emery

Whistleblower Update - Implementation into national law (“HinSchG“)

McDermott Will & Emery on

Düsseldorf, June 14, 2023 – The Act Implementing the Whistleblower Directive (“Whistleblower Protection Act”- HinSchG) was promulgated on June 02, 2023, and comes into force one month after promulgation on July 02, 2023....more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Grants Review on Proof Needed in Sarbanes-Oxley Anti-Retaliation Claim

The Supreme Court granted the petition for writ of certiorari in Murray v. UBS Securities LLC et al., No. 20-4202 (2d Cir. 2022), a case with important implications for claims brought under Sarbanes-Oxley’s anti-retaliation...more

McDermott Will & Emery

Neues zum Whistleblowing – Neuer Referentenentwurf zum Hinweisgeberschutzgesetz

McDermott Will & Emery on

Am 13. April 2022 veröffentlichte das Bundesministerium der Justiz einen Referentenentwurf für ein Hinweisgeberschutzgesetz („HinSchG-E“). Umgangssprachlich als „Whistleblowergesetz“ bezeichnet, setzt es eine entsprechende...more

BakerHostetler

California Supreme Court Significantly Relaxes Employee Burden to Prevail on Section 1102.5 Claims

BakerHostetler on

On Jan. 27, 2022, the Supreme Court of California issued Lawson v. PPG Architectural Finishes, Inc., No. S266001, ___ Cal. 5th ____, a decision that decisively changed the burden for employers in defending against claims...more

Akerman LLP - HR Defense

California Supreme Court Clarifies Whistleblower Retaliation Standard

California employers can expect to see an uptick in whistleblower claims as a result of a recent California Supreme Court ruling that increases the burden on employers to prove that adverse employment actions are based on...more

Proskauer - California Employment Law

California Supreme Court Relaxes Standard Needed to Prove Whistleblower Retaliation

The California Supreme Court has resolved an inconsistency that has divided the courts as to the proper evidentiary standard necessary to prove a whistleblower retaliation claim....more

Epstein Becker & Green

#WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Biden’s Labor Agenda - Employment Law This...

This week, we’re recapping major items shifting at the state, local, and federal levels, including whistleblower retaliation case law, pay transparency rules, and federal labor policies. California Supreme Court Specifies...more

Stokes Wagner

California Supreme Court Heightens Employers’ Burden for Defending Whistleblower Claims

Stokes Wagner on

The California Supreme Court set a new, more employee-friendly, evidentiary standard for whistleblower retaliation claims. In Lawson v. PPG Architectural Finishes, Inc., the Court held Labor Code section 1102.6, not the...more

Fisher Phillips

California Supreme Court Lowers the Bar for Plaintiffs in Whistleblower Act Claims

Fisher Phillips on

The California Supreme Court just made things a bit more difficult for employers by lowering the bar and making it easier for disgruntled employees and ex-employees to bring state whistleblower claims against businesses. The...more

Procopio, Cory, Hargreaves & Savitch LLP

California Supreme Court Makes It Easier For Whistleblowers to Prove Retaliation

The California Supreme Court, in a critical decision, has answered a key question regarding whistleblower retaliation claims. Last year, the Ninth Circuit Court of Appeals certified an important question to the Court...more

Jones Day

Senate Judiciary Committee Votes to Approve Amendments to the False Claims Act

Jones Day on

In July 2021, a bipartisan group of senators introduced a bill, S. 2428, entitled the False Claims Amendments Act of 2021 ("S. 2428"), which proposed substantive and procedural amendments to the False Claims Act ("FCA")....more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - December 2019

This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more

Hogan Lovells

New EU Whistleblowing Directive – what UK financial services firms need to know

Hogan Lovells on

On 7 October 2019, the Council of the European Union formally adopted a new Directive on the protection of persons who report breaches of Union law. The Directive was published in the Official Journal of the European Union on...more

Hogan Lovells

Employment news: maternity rights, whistleblowing, burden of proof

Hogan Lovells on

New arrival – proposals to extend redundancy protection for parents - The government is consulting on whether to extend redundancy protection for pregnant women and new parents....more

Fisher Phillips

Missouri Levels The Playing Field For Defending Baseless Discrimination Lawsuits

Fisher Phillips on

Good news for Missouri employers: the days of our state arguably being considered the most dangerous place in America for baseless discrimination lawsuits are about to end. Governor Eric Greitens late last week signed...more

McAfee & Taft

OSHA issues new whistleblower investigations manual with aggressive new standard

McAfee & Taft on

Employers are familiar with the Occupational Safety and Health Administration’s (OSHA) enforcement of workplace safety standards, but OSHA also enforces the whistleblower provisions of 21 other federal laws in addition to the...more

Proskauer - Whistleblowing & Retaliation

Administrative Review Board Clarifies Causation Burdens in SOX Whistleblower Cases

The ARB recently clarified the competing burdens of proof on issues of causation for whistleblower retaliation cases arising under SOX Section 806 and other whistleblower protection statutes. In particular, in Fordham v....more

23 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide